Da´Il E´Ireann

Vol. 695 Thursday, No. 2 19 November 2009

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Thursday, 19 November 2009.

Requests to move Adjournment of Da´il under Standing Order 32 ……………… 239 Order of Business ……………………………… 240 Statement of Estimates for Houses of the Oireachtas Commission: Motion ………… 257 Statement of Expenditure for Houses of the Oireachtas: Motion ……………… 258 Treaty of Amsterdam: Referral to Joint Committee …………………… 258 Statute Law Revision Bill 2009: Order for Report Stage …………………………… 258 Report and Final Stages …………………………… 258 Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Order for Second Stage …………………………… 259 Second Stage ……………………………… 259 Referral to Select Committee ………………………… 284 Ceisteanna — Questions Minister for Defence Priority Questions …………………………… 285 Other Questions …………………………… 293 Adjournment Debate Matters …………………………… 303 Adjournment Debate Job Protection ……………………………… 304 Company Closures …………………………… 306 Waste Management …………………………… 308 Bovine Disease Controls …………………………… 310 Questions: Written Answers …………………………… 313 DÁIL ÉIREANN

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Déardaoin, 19 Samhain 2009. Thursday, 19 November 2009.

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Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m.

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Paidir. Prayer.

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Requests to move Adjournment of Dáil under Standing Order 32. An Ceann Comhairle: Before coming to the Order of Business I propose to deal with a number of notices under Standing Order 32. I will call on Deputies in the order in which they submitted their notices to my office. I call Deputy P. J. Sheehan.

Deputy P. J. Sheehan: I wish to seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, to discuss the review of emergency departments and pre-hospital emergency care in Cork and Kerry by the HSE yesterday which will downgrade Bantry Hospital to a referral unit for the Cork University Hospital. It is not uncom- mon for the people from the Bantry Hospital catchment area to wait 15 days to have a plaster cast applied to a broken wrist just because there are now no facilities in Bantry Hospital. Is that the treatment that will be meted out by the Government to the people of Cork South- West who fought so hard for the freedom we enjoy today?

Deputy Bernard J. Durkan: Hear, hear. Allow that one, a Cheann Comhairle.

A Deputy: That is in order.

An Ceann Comhairle: I now call on Deputy Ferris. Deputy Ferris without interruption, please.

Deputy Martin Ferris: Under Standing Order 32, I wish to seek the adjournment of the Dáil to debate the laying off by the BERU plant in Tralee of 80 workers and the impact that will have, particularly at this time of the year, on so many families in the Tralee area and of the need to ensure that the remaining 120 jobs at the factory are protected and that steps are taken to address the overall problem of high unemployment in the town of Tralee and the surrounding north Kerry area.

An Ceann Comhairle: Having considered the matters raised, they are not in order under Standing Order 32.

Deputy P. J. Sheehan: What is in order in this House? Even the seats are breaking down now.

Deputy Olivia Mitchell: Sabotage. 239 Order of 19 November 2009. Business

(Interruptions).

Deputy Dermot Ahern: Is Deputy Bannon off with Deputy Kenny in Athlone?

(Interruptions).

Order of Business. The Tánaiste: It is proposed to take No. 12, motion re Statement of Estimates for the Houses of the Oireachtas Commission; No. 13, motion re Supplementary Statement of Expenditure for Houses of the Oireachtas, No. 13a, motion re referral to joint committee of proposed approval by Dáil Éireann for a Council Decision concerning the signing of the agreement between the European Union and Japan on mutual legal assistance in criminal matters and a Council Decision concerning the signing of the agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the Euro- pean Union to the United States for purposes of the Terrorist Finance Tracking Programme; No. 29, Statute Law Revision Bill 2009 — Order for Report, Report and Final Stages, and No. 5, Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that: (1) Nos. 12, 13 and 13a shall be decided without debate; and (2) there shall be no Adjournment debates under Standing Order 21 next Tuesday, 24 November 2009.

An Ceann Comhairle: There are two proposals to put to the House today. Is the proposal for dealing with Nos. 12, 13 and 13a agreed to?

Deputy Caoimhghín Ó Caoláin: It is not agreed.

Deputy Eamon Gilmore: The Labour Party will not agree to the Order of Business and to this proposal in particular. We are just a few days away from a major strike in this country. In the past number of days I have asked the Taoiseach what action the Government is taking to avert that strike. I have urged him and his Ministers to seriously engage in discussions and negotiations to try to avert the strike, which will close every school, reduce hospitals to merely a Christmas Day level of service and which will have every public office in the country closed. The entire public service operation of the country will be closed next Tuesday. There is nothing on the Order Paper today indicating that a Minister will come in here to explain what is being done to try to avert that dispute. The Tánaiste is the line Minister who has responsibility for industrial relations in the country. She does not have any proposals to avert it. The only matter on the Order Paper today is a tacit acceptance by Government that the strike is going ahead anyway because there is a proposal here that there will be no Adjourn- ment debates on Tuesday next, presumably because, not only will there not be sufficient staff in the House to manage that, but there will not be staff right up to principal officer level in the Departments concerned to prepare responses to Adjournment debates for Tuesday next. If there were ever a giveaway that the Government has tacitly accepted that the strike will go ahead and that it is making no effort to avert it, it is that particular proposal, which is on the Order Paper today, effectively stating that the Government accepts there will be a strike on Tuesday next and it does not propose to do anything. I do not know of a Government anywhere in Europe or elsewhere that would take the same kind of blasé attitude to a major strike in the public service where the entire service will be closed down. It is as if the Government wants this strike to take place. 240 Order of 19 November 2009. Business

Deputy Pat Carey: That is not so.

Deputy Timmy Dooley: The Deputy wants it.

Deputy Eamon Gilmore: The Government is doing nothing to prevent it happening. It is now presenting an Order of Business which is tacitly accepting that it is going to happen.

Deputy Timmy Dooley: Will Deputy Gilmore turn up on Tuesday and pass the pickets?

Deputy Eamon Gilmore: The Labour Party is not agreeing to this Order of Business because of the Government’s ineptitude in handling this issue and because of its failure to do anything to try to avert this dispute.

Deputy Alan Shatter: I was going to raise this matter under No. 2 because that is where it is referred to in the Order of Business. It would be helpful if a statement was made to the House detailing what arrangements are being put in place to protect emergency services next Tuesday. If the Government regards the strike as inevitable and if no action can be taken to prevent it, this House should be informed of the arrangements being made to facilitate the running of the House and to maintain a record of what is happening here. I appreciate that this is more relevant to item No. 2 than No. 1, but I regard it as unacceptable that the sovereign parliament of this country should be curtailed in properly conducting its business by any strike action. Adjournment debates should be permitted next Tuesday. Such debates are often the only mechanism for Opposition Deputies — and, indeed, on occasion, for backbench Government Deputies — to raise urgent local or national issues of public importance and to get a Govern- ment response to them. It is a negation of democracy that, if this strike does take place, the workings of this Parliament should grind to a halt or only function partially. On that particular matter we will be opposing the Order of Business. In the cataclysmic economic circumstances in which the State finds itself, I do not believe that this strike is helpful or can contribute to a resolution of our major economic or fiscal difficulties. The fact that this strike is taking place and the Government is essentially falling asleep on the job, is a damning indictment of the Government’s incompetence.

Deputy Seán Power: The Deputy is asleep himself.

Deputy Alan Shatter: It is also proof of the extent to which we need a general election in order to have a Government with a mandate to take the economic measures that are so badly required to tackle the problems of this country.

Deputy Caoimhghín Ó Caoláin: There are two propositions on the Order Paper this morning. On the grouping of Nos. 12, 13 and 13a, I would have appreciated some elaboration on the guarantees of protection of citizens concerning No. 13a and the right to privacy. We are not allowed to address 13a because the proposition is that it be taken without debate. I have no issue with the intent and purpose of No. 13a. It concerns the guarantees and assurances that citizens are entitled to, not only of this State but of all the states named in the proposition. Relevant and pertinent questions need to be addressed regarding No. 13a, but we will not be afforded that opportunity, which is wrong.

Deputy Dermot Ahern: We are not saying that.

Deputy Caoimhghín Ó Caoláin: I would like the Tánaiste to address that matter in her response. 241 Order of 19 November 2009. Business

[Deputy Caoimhghín Ó Caoláin.]

I know we have not yet come to No. 2, but as the matter is now under discussion in the Chamber, I want to state clearly that the Sinn Féin Members will not and cannot support this Order Paper which fails to recognise the reality that is being presented here today. A major industrial action is pending for next Tuesday, yet the Government is taking no action. They are sniggering away on the Front Bench about whatever amuses them in No. 13a. It would not take an awful lot of intelligence to figure out what they think is funny about it. Nevertheless, I have asked the question and I hope they will address it. The main issue is what is pending next Tuesday. There will be more such Tuesdays as this Government is quite clearly driving the economy headlong into disaster. That is the situation, but the Government is failing to face up to the facts that ordinary people must contend with every day. The only approach the Government can adopt is a recognition that it is unable to respond to Adjournment debate matters that will be granted here on Tuesday evening. That is a pathetic response to what is ahead of us next Tuesday. What is the situation for Deputies and Senators when they come to this institution next week and our co-workers will be picketing the various gates into Leinster House? Will we shamefully pass those picket lines——

Deputy Dermot Ahern: Will the Deputy?

Deputy Caoimhghín Ó Caoláin: ——or will the elected representatives of the people stand solidly with those who, I repeat and underscore, are our co-workers in this institution? We in Sinn Féin will certainly not besmirch our record of solidarity with Irish workers making a justifiable demand for the Government to address its failures and its absolutely pathetic efforts to address the deepening crisis in the economy.

An Ceann Comhairle: The Deputy cannot make speeches on the Order of Business.

Deputy Caoimhghín Ó Caoláin: We will stand with them and we will not cross the picket lines.

An Ceann Comhairle: I call the Tánaiste to reply briefly before I put the question.

The Tánaiste: I will take the question in the context of what is in order for discussion, namely Nos. 12, 13 and 13a. I am assuming that Deputy Ó Caoláin will have an opportunity to contribute when we refer this matter to the Joint Committee. We are looking in particular at terrorist finance trafficking programmes. I am sure he will be supportive of that and will make a fine contribution on it at the Joint Committee in the context of what it is all about. The second matter concerns the strike situation. As the Taoiseach, all other members of the Government and all Members of this House have indicated, we do not feel the withdrawal of labour will be constructive or add in any way to the discussions that are currently ongoing between the Government, employers and public service unions. In normal circumstances, a withdrawal of labour takes place after something has been decided, as opposed to pre-empting something that is being considered and has not been decided. Equally, this House — apart from one party — came to an agreement during the pre-budget outlook debate that we must find an adjustment of \4 billion. It was the only thing we did agree on. In the context of how that can be achieved, the Government has indicated that public sector reform and pay will be part of those discussions, although no final decision has been made. In the context of the ongoing discussions between the social partners, I certainly feel there is still time to allow those discussions to continue to take place. 242 Order of 19 November 2009. Business

An Ceann Comhairle: We need a decision so I am now putting the question.

Question, ”That the proposal for dealing with Nos. 12, 13 and 13a, without debate, be agreed to.”, put.

The Dáil divided: Tá, 64; Níl, 54.

Tá

Ahern, Dermot. Kelly, Peter. Ahern, Michael. Kennedy, Michael. Ahern, Noel. Kitt, Michael P. Andrews, Barry. Kitt, Tom. Andrews, Chris. Lenihan, Brian. Aylward, Bobby. Lenihan, Conor. Blaney, Niall. McEllistrim, Thomas. Brady, Áine. McGrath, Mattie. Brady, Cyprian. McGrath, Michael. Brady, Johnny. Martin, Micheál. Browne, John. Moloney, John. Calleary, Dara. Moynihan, Michael. Mulcahy, Michael. Carey, Pat. Nolan, M. J. Conlon, Margaret. Ó Cuív, Éamon. Connick, Seán. Ó Fearghaíl, Seán. Coughlan, Mary. O’Brien, Darragh. Cregan, John. O’Connor, Charlie. Cuffe, Ciarán. O’Dea, Willie. Curran, John. O’Flynn, Noel. Dempsey, Noel. O’Hanlon, Rory. Devins, Jimmy. O’Keeffe, Batt. Dooley, Timmy. O’Sullivan, Christy. Fahey, Frank. Power, Seán. Finneran, Michael. Ryan, Eamon. Fitzpatrick, Michael. Sargent, Trevor. Fleming, Seán. Scanlon, Eamon. Flynn, Beverley. Smith, Brendan. Gogarty, Paul. Treacy, Noel. Grealish, Noel. Wallace, Mary. Harney, Mary. White, Mary Alexandra. Haughey, Seán. Woods, Michael. Healy-Rae, Jackie.

Níl

Behan, Joe. Hogan, Phil. Breen, Pat. Howlin, Brendan. Broughan, Thomas P. Kehoe, Paul. Burke, Ulick. Lynch, Ciarán. Burton, Joan. Lynch, Kathleen. Carey, Joe. McCormack, Pádraic. Clune, Deirdre. McEntee, Shane. Connaughton, Paul. McGinley, Dinny. Crawford, Seymour. McGrath, Finian. Creed, Michael. McManus, Liz. Deasy, John. Mitchell, Olivia. Deenihan, Jimmy. Neville, Dan. Doyle, Andrew. Noonan, Michael. Durkan, Bernard J. Ó Caoláin, Caoimhghín. Feighan, Frank. O’Dowd, Fergus. Ferris, Martin. O’Keeffe, Jim. Flanagan, Charles. O’Mahony, John. Flanagan, Terence. O’Shea, Brian. Gilmore, Eamon. O’Sullivan, Jan. Hayes, Brian. O’Sullivan, Maureen. Hayes, Tom. Penrose, Willie. Higgins, Michael D. Reilly, James. 243 Order of 19 November 2009. Business

Níl—continued

Ring, Michael. Stagg, Emmet. Shatter, Alan. Stanton, David. Tuffy, Joanna. Sheahan, Tom. Upton, Mary. Sheehan, P. J. Wall, Jack. Sherlock, Seán.

Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

An Ceann Comhairle: Is the proposal that there shall be no Adjournment debate under Standing Order 21 next Tuesday, 24 November 2009 agreed to?

Deputy Alan Shatter: That is not agreed. I note that the Tánaiste did not respond. It is the Government, by its majority, that essentially controls the workings of this House. I assume that when the proposed public sector strike takes place next week Ministers and Ministers of State will not join the demonstration outside the gates and participate in the strike as 11 o’clock part of the public sector. I presume they will attempt to do the work they have been elected to do. In those circumstances, a Cheann Comhairle, I do not understand, if that is the case and if this semi-dysfunctional Government is continuing to function to whatever extent it is able to function,——

Deputy Seán Power: Any more jokes, Alan?

Deputy Alan Shatter: ——why, in the context of the proposed strike next Tuesday, Ministers are apparently incapable of dealing with Adjournment debates.

An Ceann Comhairle: I am allowing contributions on the Order of Business.

Deputy Alan Shatter: This is on the specific issue.

Deputy Brian Lenihan: We are dealing with the Oireachtas commission.

Deputy Alan Shatter: The Government is saying, because it is a public sector strike, not a single senior Minister, nor Minister of State has the competence in an Adjournment debate to deliver a five minute speech——

Deputy Micheál Martin: No problem. Any time.

Deputy Paul Connaughton: Hear, hear.

Deputy Alan Shatter: ——without a speech prepared for them to respond to the specific important issues raised, be they national or local.

Deputy Micheál Martin: Of course we can.

Deputy Alan Shatter: This is a parliamentary matter.

An Ceann Comhairle: We are drifting away from the Order of Business.

Deputy Dermot Ahern: At least we will not plagiarise the scripts. 244 Order of 19 November 2009. Business

Deputy Alan Shatter: It is not acceptable that part of the business of this House would close down because——

(Interruptions).

Deputy Dermot Ahern: What will the Opposition do without the scripts? It is not able to write them anyway.

Deputy Michael Creed: Sir Humphrey is on strike.

Deputy Alan Shatter: We oppose the Order of Business.

An Ceann Comhairle: I hope I can dissuade Deputy Shatter from making long speeches. I call Deputy Gilmore. He should be allowed to speak without interruption.

Deputy Eamon Gilmore: On the proposal, that there would be no Adjournment debate on Tuesday, this is not an issue as to whether Ministers or Ministers of State can come into the House and give an answer without a script. We know they cannot.

Deputy Micheál Martin: Of course we can.

Deputy Eamon Gilmore: The problem is——

Deputy Micheál Martin: On yesterday’s Order of Business the Deputy asked for the script.

(Interruptions).

Deputy Micheál Martin: I challenge Deputy Gilmore to a script-less duel.

An Ceann Comhairle: Could Members allow Deputy Gilmore to speak without interruption, please? I ask the Deputy to address his remarks through the Chair, please.

Deputy Pádraic McCormack: I would be able to write some of the scripts for them, a Cheann Comhairle.

Deputy John Moloney: You would.

Deputy Pádraic McCormack: Would you be able to read my writing?

Deputy Eamon Gilmore: We only ask for the script to see how challenged the Minister is at reading. Adjournment debates are about the kind of problems we all come across in the course of our work as public representatives. If there is closure of an enterprise, a problem in a hospital or some area of the public service we want to come to the House and get some answers and accountability.

Deputy Dermot Ahern: Deputy Gilmore will not be here. He will not be able to pass the picket.

(Interruptions).

An Ceann Comhairle: I ask the Minister to refrain from interrupting. Deputy Gilmore should be allowed to speak without interruption, please.

Deputy Eamon Gilmore: The problem is that the staff who would normally respond to this will be on strike. Staff in Departments right up to and including the grade of principal officer will be on strike. The difficulty is that today is Thursday and the strike is not due to take place 245 Order of 19 November 2009. Business

[Deputy Eamon Gilmore.] until Tuesday but the Government has already thrown in the towel on this dispute and has accepted that it will take place. The Government thinks it is a big laugh. It clearly has no intention of sitting down with anyone and using the industrial relations machinery of the State to try to avert the strike.

Deputy Brian Lenihan: We have explored that avenue.

Deputy Eamon Gilmore: Any responsible Government would do its damnedest to try to avert that strike on Tuesday.

Deputy Dermot Ahern: This is not a strike.

Deputy Eamon Gilmore: The Government has already decided it is a big laugh and it will not do anything to avert it.

Deputy Dermot Ahern: The Deputy is clutching at straws.

Deputy Eamon Gilmore: We have already abandoned the idea of having an Adjournment debate on Tuesday.

An Ceann Comhairle: Could we have some ciúnas? I am now putting the question: ”That there shall be no Adjournment debate——

Deputy Alan Shatter: No, a Cheann Comhairle——

An Ceann Comhairle: Deputy Shatter should resume his seat.

Deputy Alan Shatter: The Tánaiste should address the House on Ministers preparing scripts in response to Adjournment debate matters. That is a reasonable question, Sir. She is sitting there but she is not replying. If Ministers lack the capacity to prepare their own scripts, they should leave office and let us have an election.

Deputy Pádraic McCormack: She is on strike today.

An Ceann Comhairle: Deputy Shatter should resume his seat, please.

The Tánaiste: If Deputy Shatter’s solution to the Adjournment debate question is to have an election then that says something about the Opposition.

Deputy Paul Kehoe: What does it say?

The Tánaiste: The running of the House is a matter for the Ceann Comhairle and his office. I believe he will advise all Members of the House as to——

Deputy Alan Shatter: This is a Government motion——

An Ceann Comhairle: Deputy Shatter, please.

Deputy Paul Kehoe: Fianna Fáil runs the House when it suits.

The Tánaiste: The Ceann Comhairle will advise the Members of the House as to what will happen in the event of a withdrawal of labour on 24 November. On the issue of Adjournment Debate Matters, as has been indicated to the House, jovially and seriously, any Minister and Minister of State is more than happy and has the capacity to answer any questions—— 246 Order of 19 November 2009. Business

Deputy Pádraic McCormack: That is news to us.

Deputy Alan Shatter: The Government should withdraw this motion.

An Ceann Comhairle: Please, Deputy Shatter.

The Tánaiste: ——that are raised on the Adjournment. This is a recommendation from the commission and I propose the motion.

An Ceann Comhairle: I am now putting the question.

Deputy Alan Shatter: On a point of order.

An Ceann Comhairle: We cannot have a point of order when we have disorder in the House.

Deputy John Moloney: Bring back Kenny.

An Ceann Comhairle: The Deputy should be very brief.

Deputy Alan Shatter: On a point of order, under the rules of this House that you administer, provision is expressly made for an Adjournment debate. There is no difficulty on this issue and this motion, which is a Government motion, could be withdrawn. No difficulty arises if Mini- sters are willing to come into this House and respond to the Adjournment debate.

An Ceann Comhairle: That is not a point of order.

Deputy Alan Shatter: It is, Sir.

An Ceann Comhairle: It is not a point of order.

Deputy Alan Shatter: That is what this is about. Members on this side of the House seek to raise a matter on the Adjournment——

An Ceann Comhairle: That is not a point of order. I ask Deputy Shatter to resume his seat, please, and allow me to put the question.

Deputy Alan Shatter: If Ministers are willing to respond, this motion should be withdrawn. It is a Government motion.

An Ceann Comhairle: Deputy, resume your seat.

A Deputy: The Tánaiste confirmed——

Deputy Michael Ring: Let us have a real debate.

(Interruptions).

Question put: “That there shall be no Adjournment debate under Standing Order 21 next Tuesday, 24 November 2009.”

247 Order of 19 November 2009. Business

The Dáil divided: Tá, 63; Níl, 53.

Tá

Ahern, Dermot. Kelly, Peter. Ahern, Michael. Kennedy, Michael. Ahern, Noel. Kitt, Tom. Andrews, Barry. Lenihan, Brian. Andrews, Chris. Lenihan, Conor. Aylward, Bobby. McEllistrim, Thomas. Blaney, Niall. McGrath, Mattie. Brady, Áine. McGrath, Michael. Brady, Cyprian. Martin, Micheál Brady, Johnny. Moloney, John. Browne, John. Moynihan, Michael. Calleary, Dara. Mulcahy, Michael. Carey, Pat. Nolan, M.J. Conlon, Margaret. Ó Cuív, Éamon. Connick, Seán. Ó Fearghaíl, Seán. Coughlan, Mary. O’Brien, Darragh. Cregan, John. O’Connor, Charlie. Cuffe, Ciarán. O’Dea, Willie. Curran, John. O’Donoghue, John. Dempsey, Noel. O’Flynn, Noel. Devins, Jimmy. O’Hanlon, Rory. Dooley, Timmy. O’Keeffe, Batt. Fahey, Frank. O’Sullivan, Christy. Finneran, Michael. Power, Seán. Fitzpatrick, Michael. Ryan, Eamon. Fleming, Seán. Sargent, Trevor. Flynn, Beverley. Scanlon, Eamon. Gogarty, Paul. Smith, Brendan. Grealish, Noel. Treacy, Noel. Harney, Mary. White, Mary Alexandra. Haughey, Seán. Woods, Michael. Healy-Rae, Jackie.

Níl

Behan, Joe. McCormack, Pádraic. Breen, Pat. McEntee, Shane. Broughan, Thomas P. McGinley, Dinny. Burke, Ulick. McGrath, Finian. Burton, Joan. McManus, Liz. Carey, Joe. Mitchell, Olivia. Clune, Deirdre. Neville, Dan. Connaughton, Paul. Noonan, Michael. Crawford, Seymour. Ó Caoláin, Caoimhghín. Creed, Michael. O’Dowd, Fergus. Deasy, John. O’Keeffe, Jim. Deenihan, Jimmy. O’Mahony, John. Doyle, Andrew. O’Shea, Brian. Durkan, Bernard J. O’Sullivan, Jan. Feighan, Frank. O’Sullivan, Maureen. Ferris, Martin. Penrose, Willie. Flanagan, Charles. Reilly, James. Flanagan, Terence. Ring, Michael. Gilmore, Eamon. Shatter, Alan. Hayes, Brian. Sheahan, Tom. Hayes, Tom. Sherlock, Seán. Higgins, Michael D. Stagg, Emmet. Hogan, Phil. Stanton, David. Howlin, Brendan. Tuffy, Joanna. Kehoe, Paul. Upton, Mary. Lynch, Ciarán. Wall, Jack. Lynch, Kathleen.

Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.

248 Order of 19 November 2009. Business

Question declared carried.

Deputy Alan Shatter: I want to raise three matters on the Order of Business, two of which relate specifically to promised legislation. On the first one I intend to raise, the Ceann Comh- airle might give me some leeway when he hears the topic. It is appropriate, and I am sure the Tánaiste would agree, that this House extends its con- gratulations to the Irish team and to manager Giovanni Trapattoni on what was a magnificent performance in Paris last night. Unfortunately, we discovered last night that major matches too frequently can be won by sleight of hand. I suppose in football as well as banking, light touch regulation does not work. I want to suggest to the Government a specific initiative that might be taken, and I hope the Tánaiste can constructively respond. What happened last night, in the minds of many people, not just in this country but across the world, contaminated the credibility of the World Cup competition. This is an issue that needs to be addressed and it is one in which the Government can take a constructive role in addressing. Next autumn, the preliminary rounds of the European championships commence. Those championships are dominated by teams from the European Union——

An Ceann Comhairle: The Deputy is straying somewhat from legislation or business.

Deputy Alan Shatter: I am coming to the question of legislation. Those championships are dominated by teams within the European Union. Sport is a competence within the Lisbon treaty. I believe we should have legislation enacted across Europe, if need be a European Union directive, which requires FIFA to use video refereeing in major football competitions in the same manner as it is supplied in other major sports such as rugby, cricket and tennis.

Deputy Michael Ring: Hear, hear.

Deputy Alan Shatter: I suggest to the Tánaiste that the Minister for Arts, Sport and Tourism calls a meeting of all Ministers for sport to take an initiative in that regard. This issue impacts on the hopes and expectations of millions of people and football is a major commercial enterprise. We must restore fairness to international football and we must ensure the type of event we saw happen last night is not repeated. I hope the Tánaiste will respond and that we will see a Government initiative on that issue. Today marks exactly six months since the publication of the Ryan commission report in institutional abuse. Legislation was promised by the Government to address the making of additional financial contributions, as was promised by religious orders and congregations. That legislation awaits two events, the completion of a report by a committee appointed by the Government into the financial assets and income of 18 religious orders and congregations and the making of specific offers by the congregations and orders as to the additional sum they may contribute to benefit of victims of institutional abuse. I understand that the Minister for Education and Science has received in recent days the long-awaited report of this committee. Can the Tánaiste confirm that it has been received, when it will be published and if it will be placed in the Oireachtas Library? When will the House get the opportunity to debate that report? What religious congregations have made offers to date, from how many offers are awaited, and, more particularly, when will we see the necessary legislation to deal with the additional financial contribution? I have one more issue I wish to raise that perhaps the Ceann Comhairle might allow me to raise after the Tánaiste has responded. It relates specifically to promised legislation. 249 Order of 19 November 2009. Business

The Tánaiste: The matter has not been considered by the Government so I am not in a position to give any information or to say if the Minister has received the report but I will revert to the Deputy on that. If we had started this morning at 10.30 a.m. without having any votes and I had put a motion before the Dáil Éireann to say we want a replay, it would have passed d’aon ghuth. Having said that, in the context of video refereeing, it is part of public discussion today. It is available in rugby and tennis and I am sure the relevant sporting organisations should be in a position to pursue this vigorously and I will advise the Minister for Arts, Sport and Tourism that the matter was raised on the floor of the House.

Deputy Michael Ring: The people are being refused a replay because they would put Fianna Fáil out of Government.

Deputy Alan Shatter: This has gone past the point where we leave it to the relevant sporting organisations. FIFA, to its absolute shame, on its website ignores the incident that happened last night. There is no mention of Thierry Henry or handling the ball, it has been air-brushed from the record.

An Ceann Comhairle: The Deputy has already spoken about this issue. Could we leave it now?

Deputy Alan Shatter: This is a deeply suspect organisation in the manner in which it does business and it is time the European regulation of football, not just as a matter of major interest of people across Europe but as a major commercial enterprise——

An Ceann Comhairle: The Deputy must find an alternative way of pursuing this matter. It could be raised on the Adjournment or through a parliamentary question.

Deputy Charles Flanagan: He cannot raise it on the Adjournment on Tuesday anyway.

Deputy Alan Shatter: There may be a difficulty raising it on the Adjournment.

Deputy Micheál Martin: The Deputy is calling for strong arm diplomatic tactics.

Deputy Alan Shatter: I would like the Tánaiste to indicate that the Minister for Arts, Sport and Tourism will take the initiative and organise the meeting I have suggested with the other 26 Ministers who deal with sport in the European Union to formulate a specific policy. I wish to raise the promised legislation on bank regulation. The NAMA legislation is now through the House and one of the great difficulties that gave rise to the cataclysmic economic circumstances in which we find ourselves in the banking collapse was the failure of regulation. Legislation has been promised to address the regulatory issues but it has still not been published. In the meantime, in other countries, including the United States, substantial regulatory measures have been put in place. When will we see the new regulatory legislation? What is the reason for the delay? Does the Tánaiste acknowledge this legislation should be given priority? Does she agree with the view expressed yesterday by the Governor of the Central Bank that salaries of bank executives should not be capped? Is that the reason the Government made a hames of the AIB issue?

The Tánaiste: On the legislation, this matter has been raised on a number of occasions and the reply is that it is important legislation and it is being worked on. It is proposed that it will be available next year. 250 Order of 19 November 2009. Business

Deputy Alan Shatter: When next year? January? February? December?

The Tánaiste: Early next year.

An Ceann Comhairle: The Deputy has had a good innings and I must move on.

Deputy Micheál Martin: A very good innings.

Deputy Michael Ring: Deputy Martin is on good form this morning. It is great to see him here.

Deputy Micheál Martin: I had the porridge this morning.

Deputy James Reilly: Were there raisins in it?

An Ceann Comhairle: Could we hear Deputy Gilmore without interruption?

Deputy Eamon Gilmore: We all share the disappointment at the result of last night’s match and a certain amount of anger and frustration at the unfair way it came about. The one thing we all feel is enormous pride in the team that played for Ireland last night.

Deputies: Hear, hear.

Deputy Eamon Gilmore: We can be proud in defeat, even in circumstances where the defeat is unfairly inflicted. It strikes me that the referee, Martin Hansson, might have a future. There are people trawling the world at present looking for those who might be able to help the banking sector. It struck me that he might have a future as a banking regulator, turning the blind eye and deaf ear to complaints. He has many of the qualities we have seen in banking regulation in this country over the number of years.

Deputy Terence Flanagan: He would be paid the full salary.

Deputy Eamon Gilmore: On the subject of the legislation the Minister for Finance has been promising for some time, in an interview with the Financial Times on 17 March, he said that Ireland is planning to introduce tough legislation to clamp down on crony capitalism and excess bank lending in the wake of the property bubble. He said the measures would include a ban on cross-directorships and on chief executives becoming chairmen, as well as creating a Central Bank commission. Eight months later there is no sign of the legislation. Not only that, the Government appears to have changed its mind on the measure because this week it has approved the chairman and chief executive being the function of one person in one of our largest banks. What has happened to this legislation that was going to put an end to crony capitalism? Is cronyism alive and well again both in Government and for its associates in the business world?

The Tánaiste: The legislation that has been promised that is of huge consequence concerns the Central Bank and the Financial Regulator. On the other legislation, there have been some discussions, particularly in the context of company law and no final decision has been made on who would be responsible for that legislation but I will revert to the Deputy with an update.

Deputy Eamon Gilmore: I thought the Tánaiste is responsible for company legislation.

The Tánaiste: I am but I am referring to discussions that are ongoing between my Depart- ment and the Department of Finance in the context of that legislation. 251 Order of 19 November 2009. Business

Deputy Alan Shatter: The Tánaiste does not know what is happening in those discussions? That is extraordinary.

The Tánaiste: The Deputy is extraordinary in his flippancy, which is typical.

Deputy Alan Shatter: That is an extraordinary situation. This country has been destroyed by lax regulatory practices and the Tánaiste, who is also Minister for Enterprise, Trade and Employment, does not know what is happening with the legislation the Government is sup- posed to be preparing.

The Tánaiste: I will revert to the Deputy with an update on the discussions that are taking place as to which Department will be responsible in the context of that legislation. Further discussions are ongoing between my Department and the Department of Finance. I must have due regard to the Upper House where I am expected to deliver a speech in five minutes.

Deputy James Reilly: Yesterday I asked the Taoiseach a question he had difficulty in understanding so perhaps the Tánaiste might be able to help me, particularly because it falls within her remit.

An Ceann Comhairle: Does it relate to legislation?

Deputy James Reilly: It clearly relates to legislation. It relates to the Finance Act and whether the current situation, which allows a particular company to recruit off-shore and avoid PRSI, with uncertainty about whether those people, who are resident in Ireland, pay tax——

An Ceann Comhairle: The Deputy will have to put down a parliamentary question for the Minister.

Deputy James Reilly: This is too important. There are hundreds of jobs at risk, and the finance Bill is coming up.

An Ceann Comhairle: There may well be. I do not disagree. However, this matter can be raised by way of a parliamentary question.

Deputy James Reilly: I am sorry a Cheann Comhairle, but I am referring to the finance Bill. Other people have been given a good deal of latitude and I am asking a simple question. Is this legal, has Revenue given an opinion and if it is legal, is it intended to close it off in the finance Bill?

An Ceann Comhairle: I have to ask the Deputy whether legislation is promised in relation to this matter. If not, and if he is seeking information about the finance Bill, he should put down a parliamentary question.

Deputy James Reilly: I am trying to find out if legislation is promised to correct this loophole.

The Tánaiste: There will be a finance Bill, the contents of which will not be familiar until we have the budget. If the Deputy articulates his concerns about the issue he has raised to the Minister for Finance and asks him to consider this in the context of the finance Bill, then I am sure he will do so.

Deputy Terence Flanagan: Deputy O’Dowd has put down two parliamentary questions and received no answer. This is on the same issue. Hundreds of jobs are at stake here and this 252 Order of 19 November 2009. Business matter is important. Aer Lingus is transferring planes onto the UK register, with hundreds of Irish jobs at stake.

An Ceann Comhairle: There is nothing about legislation in this matter. Will the Deputy please resume his seat?

Deputy Charles Flanagan: It wants to transfer the jobs to that register and have English- based staff.

Deputy James Reilly: That is the bottom line.

Deputy Terence Flanagan: It is a race to the bottom here.

An Ceann Comhairle: The Deputy will please take his seat.

Deputy Terence Flanagan: This is too important an issue, a Cheann Comhairle, and it needs to be resolved.

An Ceann Comhairle: There are ways and means, such as a parliamentary question and the Adjournment.

Deputy James Reilly: Well, they did not work——

Deputy Charles Flanagan: I should like to briefly endorse the earlier comments of my colleague, Deputy Shatter, on the matter of the football match last evening, particularly given that the Minister for Foreign Affairs is in the House. Might he not consider contacting his counter- part in France to encourage them to take a leaf out of the GAA’s book in County Laois on the matter of a disputed point in a first round match with Carlow? In an act of generosity and as a matter of honour, a full replay was offered. I suggest that this is a matter of honour and the Minister for Foreign Affairs may well have a role to play in dealing with this.

Deputy Michael Ring: He would be a hero.

An Ceann Comhairle: There is an alternative way of raising this matter, Deputy Flanagan. I fully understand your good intentions in the matter.

Deputy Charles Flanagan: On the matter of legislation, I should like to ask the Tánaiste——

Deputy Micheál Martin: Deputy P. J. Sheehan knows what Kerry did to us over the years, but I will take the matter up with Mr. Bernard Kouchner.

(Interruptions).

An Ceann Comhairle: Deputy Charles Flanagan, please, without interruption. I ask the Mini- ster for Foreign Affairs to restrain himself.

(Interruptions).

Deputy Charles Flanagan: Having regard to the fact that President Sarkozy was seen entering the dressing room, I am sure it would be appropriate for the Minister for Foreign Affairs to take action in that regard. Earlier this year the House enacted legislation to facilitate the appointment of a Legal Services Ombudsman. The Bill passed all Stages in this House and in the Seanad. Will the 253 Order of 19 November 2009. Business

[Deputy Charles Flanagan.] Tánaiste say whether consideration has been given by the Government to this appointment? When will the appointment of a Legal Services Ombudsman be made?

The Tánaiste: I cannot recall this being discussed, but I will revert to the Deputy in the matter.

Deputy Bernard J. Durkan: Yesterday I raised the issue of delays in the processing and payment of higher education grants. On today’s Order Paper a series of vocational education committee reports is being placed before the House. Will the Tánaiste say whether a debate might be arranged through the aegis of the Whips to discuss that very important issue, which is causing serious problems? I should like clarification on another issue, too, as raised by Deputy Shatter. In relation to the terms and conditions of employment in respect of the higher officials in a major bank that are the subject——

An Ceann Comhairle: Deputy Durkan.

Deputy Bernard J. Durkan: It is promised legislation, a Cheann Comhairle, and this has not been referred to already. Will the Tánaiste say whether any information was sought or received by the Minister for Finance as regards the reasons for some of the higher appointments? For instance, some appointments are temporary or interim, and was any——

An Ceann Comhairle: The Deputy is talking about specific detail and if the matter is going to be the subject of primary legislation, he will have ample opportunity at that stage to articu- late these points.

Deputy Bernard J. Durkan: I agree with the Ceann Comhairle except for one aspect. The legislation is coming after the event. Events have taken place in this country over the last year that should not have. They took place in the face of legislation and in defiance of the law.

An Ceann Comhairle: Deputy Durkan——

Deputy Bernard J. Durkan: It is a serious question and relates to the Financial Services (Miscellaneous Provisions) Bill, as urgent miscellaneous amendments to financial services law.

An Ceann Comhairle: What is the question?

Deputy Bernard J. Durkan: Is the information I asked for being sought, and can the Tánaiste give any information to the House?

The Tánaiste: There are draft heads as regards that legislation and it is anticipated that it will be published next year. The other matter is a subject for discussion with the Whips, as to whether time will be available to discuss the issue.

Deputy Bernard J. Durkan: What about the appointments to which I referred?

The Tánaiste: I am not in a position to refer to——

An Ceann Comhairle: That shall be dealt with when it comes in the legislation.

Deputy Bernard J. Durkan: The legislation is passing as we speak.

An Ceann Comhairle: The Deputy is talking about the detail of legislation. 254 Order of 19 November 2009. Business

Deputy Bernard J. Durkan: It is very crucial detail.

An Ceann Comhairle: It may well be, but that information clearly is not available at this point, and neither can we expect it to be.

Deputy Bernard J. Durkan: Is it true to say, therefore, that these appointments have taken place and none of these questions were asked as to why the appointments were made in such a fashion? I am not asking about the salaries, but rather the nature of the appointments.

An Ceann Comhairle: The Deputy has got the answer on it. I call Deputy Ring.

Deputy Bernard J. Durkan: I did not.

Deputy Michael Ring: I want to raise three items. First, I want to remind the Tánaiste that today is World Men’s Day. Has she any message from the Government for the men of the world, or Ireland? On Tuesday of next week the public services will be on strike. There is an embargo in the health service----

An Ceann Comhairle: Has the Deputy a question on legislation?

Deputy Michael Ring: We have an embargo in the public services. Does the Tánaiste believe it is right that there should be an embargo in every section of society and that the Government next week or the week after will fill two seats in the Seanad, when there is no need for them? Why does the Government not lead by example——

An Ceann Comhairle: Please, Deputy, that has nothing to do with primary legislation.

Deputy Michael Ring: ——and leave those two seats unfilled. My next question is on legislation and it relates to EU Council Directive 2001/44/EC. I heard the Tánaiste last week calling on the people of Ireland to be patriotic and to shop in this country. Has legislation been promised in this regard, or has it gone through the House already? A person in this State got a letter from the sheriff, to collect money for the Queen of England.

An Ceann Comhairle: That has nothing to do with legislation. This can be the subject of a parliamentary question or it may be raised on the Adjournment.

Deputy Michael Ring: We are now tax collectors. Will the Queen of England be making a speech to the House shortly, or have we handed the country back to England again?

An Ceann Comhairle: The Deputy should avail of a parliamentary question or the Adjournment.

Deputy Michael Ring: I am surprised that Fianna Fáil, the republican party, is collecting money for the Queen and getting my constituents to pay tax to her.

An Ceann Comhairle: The Deputy should resume his seat. I call Deputy Joan Burton.

Deputy Bernard J. Durkan: The Queen will be in here.

Deputy Joan Burton: We have been advised that the report examining the salaries of top people in the public service, which includes Ministers, Ministers of State, senior civil servants and the heads of public bodies was received, probably three weeks ago, by the Minister for Finance. Yesterday, in the finance committee when Professor McCarthy and the members of 255 Order of 19 November 2009. Business

[Deputy Joan Burton.] an bord snip nua were present, the deputy secretary general of the Department of Finance, Mr. Donal McNally, confirmed that the report had been received. In the context of so many public servants earning \40,000 a year or less and who are rearing families——

An Ceann Comhairle: The Deputy should refer to legislation.

Deputy Joan Burton: This is very pertinent to the work of Government. This is a report which has been received by Government. Ministers are paying themselves \240,000 a year and asking civil servants who are bringing up three and four children——

An Ceann Comhairle: To get the information she requires, the Deputy will have to put down a parliamentary question.

Deputy Joan Burton: ——-on \40,000 a year to take cuts. Will this report be published and laid in the Oireachtas Library?

An Ceann Comhairle: That is detail.

Deputy Joan Burton: I am sorry, it is not. That has been the practice as regards the two previous reports on top persons’ salaries. If we do not want to return to strikes, as this Govern- ment appears to want, badly paid civil servants are being provoked by not releasing this information.

An Ceann Comhairle: We do not have promised legislation in this area and the Deputy should table a parliamentary question if she requires detailed information.

Deputy Joan Burton: Will the Minister arrange to have the report placed in the Oireachtas Library? The Minister for Finance promised this but has not yet done so. Where is it?

An Ceann Comhairle: Deputy, please.

Deputy Joan Burton: Where is the report? Members were told yesterday——

An Ceann Comhairle: I ask the Deputy to table a parliamentary question to the Minister for Finance on the matter.

Deputy Joan Burton: No, that is not adequate.

An Ceann Comhairle: It is detail.

Deputy Joan Burton: This is an appropriate matter to raise on the Order of Business.

Deputy Michael Mulcahy: It is not.

An Ceann Comhairle: It is not appropriate for the Order of Business.

Deputy Joan Burton: It is a report on which the Minister has made a statement in the House.

An Ceann Comhairle: I ask the Deputy to resume her seat.

Deputy Joan Burton: I seek an answer. This is an ordinary question about the report that has not been published.

An Ceann Comhairle: This is detail pertaining to legislation. The Deputy must find an alternative way of getting the information. 256 Statement of Estimates for Houses of 19 November 2009. the Oireachtas Commission: Motion

Deputy Joan Burton: No, there is not. This is a standard question.

An Ceann Comhairle: We will move on.

Deputy P. J. Sheehan: Under the proposed health information Bill, can the Tánaiste tell me the reason an elderly constituent of mine was obliged to wait two weeks——

An Ceann Comhairle: Deputy Sheehan——

Deputy P. J. Sheehan: ——for an appointment to have a plaster cast applied in another hospital 50 miles away——

An Ceann Comhairle: Deputy——

Deputy P. J. Sheehan: ——after an X-ray showed she had a fractured wrist?

An Ceann Comhairle: Deputy Sheehan, please. A telephone call to the local HSE should provide the information.

Deputy Joan Burton: Is the Ceann Comhairle joking?

Deputy Charles Flanagan: I do not think the Ceann Comhairle is living in the real world. The benefits of being in the Chair have affected him within the past three weeks if he believes the local HSE will provide an answer.

Deputy P. J. Sheehan: In a written reply to a question dated 17 November 2009——

An Ceann Comhairle: This has nothing to do with primary legislation. The Deputy should resume his seat.

Deputy P. J. Sheehan: ——the Minister gave me a naı¨ve reply.

An Ceann Comhairle: Deputy Sheehan——

Deputy P. J. Sheehan: If the Minister will not answer a parliamentary question——

An Ceann Comhairle: I suggest the Deputy should raise the matter on the Adjournment.

Deputy P. J. Sheehan: ——what is going on in this House?

Statement of Estimates for Houses of the Oireachtas Commission: Motion. Deputy Michael Mulcahy: I move:

That Dáil Éireann take note of the Statement of Estimates of moneys required in respect of ongoing expenditure for the period beginning on 1 January 2010 and ending on 31 December 2010, prepared and published by the Houses of the Oireachtas Commission in accordance with section 13 of the Houses of the Oireachtas Commission Act 2003 as amended by section 8 of the Houses of the Oireachtas Commission (Amendment) Act 2006, which was laid before both Houses of the Oireachtas on 12 November 2009.

Question put and agreed to.

257 Statute Law Revision Bill 2009: 19 November 2009. Report and Final Stages

Statement of Expenditure for Houses of the Oireachtas: Motion. Deputy Michael Mulcahy: I move:

That Dáil Éireann take note of the supplementary sum not exceeding \997,000 required by the Houses of the Oireachtas Commission to defray the charge which will come in course of payment during the year ending on 31 December 2009 for a grant-in-aid.

Question put and agreed to.

Treaty of Amsterdam: Referral to Joint Committee. Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I move:

That the proposal that Dáil Éireann approves the exercise by the State of the option or discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measures:

(i) a proposal for a Council Decision concerning the signing of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters, a copy of which proposed measure was laid before Dáil Éireann on 12 November 2009, and

(ii) a proposal for a Council Decision concerning the signing of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for purposes of the Terrorist Finance Tracking Programme, a copy of which proposed measure was laid before Dáil Éireann on 17 November 2009

be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 26 November 2009, shall send a message to the Dáil in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.

Question put and agreed to.

Statute Law Revision Bill 2009: Order for Report Stage. Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I move: “That Report Stage be taken now.”

Question put and agreed to.

Statute Law Revision Bill 2009: Report and Final Stages. An Ceann Comhairle: As there are no amendments on Report Stage, we will proceed to Fifth Stage.

Question proposed: “That the Bill do now pass.”

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I wish to thank Members from all sides of the House for their support in advancing the Statute Law Revision Bill 2009. The Bill proposes to repeal the local and personal Acts enacted prior to 1851 and private Acts enacted prior to 1751 which had become spent or obsolete. This Bill is a further step in a process which ultimately will see pre-independence legislation removed from the Statute Book, leaving it more clear, shorter, more accessible and more appropriately reflective 258 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage of the conditions of a sovereign independent Ireland in the 21st century. There were no amendments to the provisions of the Bill on Committee Stage. There was a broad discussion of the Bill on Second Stage and there was approval from all Members on Committee Stage. I thank Members for their co-operation in the Bill’s safe passage through the House, as well as the staff who worked on this project for a long time. It was a highly arduous task and has been accomplished with the high quality and standards Members associate with the staff of the Parliamentary Counsel and the staff of the Office of the Attorney General. I also wish to thank Members of the Opposition and anyone else who has been associated with this work.

Question put and agreed to.

An Ceann Comhairle: The Bill will be sent to the Seanad.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Order for Second Stage. Bill entitled an Act to provide for offences of, and related to, money laundering in and outside the State; to give effect to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing; to provide for the registration of persons directing private members’ clubs; to provide for the amendment of the Central Bank Act 1942 and the Courts (Supplemental Provisions) Act 1961; to provide for the consequential repeal of certain provisions of the Criminal Justice Act 1994, the consequential amendment of certain enactments and the revocation of certain statutory instruments; and to provide for related matters.

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I move: “That Second Stage be taken now.”

Question put and agreed to.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Second Stage. Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I move: “That the Bill be now read a Second Time.” The main purpose of the Bill before the House today is to transpose the third EU money laundering and terrorist financing directive into Irish law and to comply with the recommendations of the financial action task force, FATF, third round mutual evaluation report on Ireland. The Bill will also give effect to certain provisions of the United Nations Convention Against Transnational Organized Crime including Article 6, and the relevant parts of Article 15. This Bill was published in July and since then a number of representations have been made to my Department by interested bodies regarding aspects of it. I am considering a range of amendments on Committee Stage to reflect some of those views and to introduce certain technical and drafting amendments which are considered necessary. I will mention the more significant intended amendments during the course of this speech. The aim of the Bill is to combat the efforts of criminals and their associates to conceal the origin of the proceeds of criminal activity or to channel money obtained lawfully or unlawfully for terrorist purposes. The problem of money laundering has been with us for a very long time. What makes money laundering such an important issue in the modern world is the increasingly sophisticated nature of this kind of crime. That fact, allied with the increasing globalisation of both the financial and busi- 259 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Dermot Ahern.] ness worlds and the internationalisation of a great deal of criminal activity makes the crime of money laundering more prevalent. Part 2 of the Bill deals with the main offence of money laundering occurring in or outside the State. It is an offence under the terms of this Bill if a person conceals or disguises the true nature, source, location, disposition, movement or ownership of property, including money, which is the proceeds of criminal conduct. Converting, transferring, handling, acquiring, possessing or using such property is also an offence, as is removing the property from or bringing it into the State. The offence applies to a person who knows or believes, or is reckless as to whether the property is the proceeds of criminal conduct. The seriousness of the offence of money laundering is underlined by the level of the penalties which a person may face who is found guilty of the offence. On summary conviction, the guilty party could face a fine of up to \5,000 and a term of imprisonment of up to 12 months. On indictment, an offender found guilty could be jailed for up to 14 years or be fined or both. It should be noted that a reference to a person knowing or believing that property is the proceeds of criminal conduct also applies to a person who knows or believes the property is probably the proceeds of crime. This country already possesses anti-money laundering legislation, which primarily is contained in the Criminal Justice Act 1994, as amended. This legislation is being repealed and consolidated in the Bill before the House today. The Government recognises that the increasing facility with which money can be transferred from one country to another and from one financial institution to another along with the generation, through criminal activity, of significant proceeds which require to be laundered needs to be addressed by way of new updated and strengthened legislation. This is what is intended in this Bill. A key element in this legislation is the application of customer due diligence measures on the part of the designated persons covered by the Bill, which include requirements to identify the customer and any beneficial owner and to verify that identity. The directive provides that the customer due diligence provisions of the Bill should be applied to existing customers at appropriate times on a risk-sensitive basis and the Bill is intended to reflect this requirement. The list of designated persons covered by this Bill is extensive and includes bodies such as credit and financial institutions, which are made up of banks, building societies, credit unions, insurance companies and intermediaries, bureaux de change, money transfer businesses, credit unions and An Post, as well as independent legal professionals, including both barristers and solicitors. It also incorporates a trust or company service provider, which is defined in section 24(1) of the Bill. This includes company directors but not all company directors. The Bill applies only to a person who acts as a company director by way of a nominee of a third party and by way of business. Members are aware of the existence of private members’ gaming clubs and, therefore, those directing these clubs are covered by the provisions of the Bill in respect of the gambling activities which take place there but only in the context of the requirements of the money laundering legislation. The provisions of the Bill also apply to dealers in high value goods and specifically to those who may receive payments in cash of at least \15,000 whether in a single transaction or in a series of transactions which are or appear to be linked. In addition to those categories specifically set out, the Bill confers a power on the Minister for Justice Equality and Law Reform to prescribe other classes of persons who could be covered by the provisions of the legislation. Deputies will note from the extent of the designated persons covered by the requirements of the Bill that the proposed legislation will affect a very wide variety of activities. What is 260 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage being proposed in this Bill is a new and strengthened regime to combat money laundering and the financing of terrorism. Deputies should also note, however, that the Bill recognises, as does the Directive which is being transposed, that the risk of money laundering and terrorist financing is not the same in every case. Designated persons can apply a risk-based approach in dealing with their customers. The identification and verification of customers is required in all cases but simplified customer due diligence is provided for in appropriate cases. Equally, the Bill recognises the reality that certain situations present a greater risk of money laundering or terrorist financing. While there is a requirement in every case to identify and verify customers the legislation provides for the application of enhanced due diligence in certain situations where more rigorous procedures are called for. An individual who is not physically present when opening an account for example, would come into that category. The Bill intro- duces the concept of the politically exposed person who resides outside the State and the enhanced customer due diligence measures will apply to those people and to the immediate family members and close associates of the person as defined in the Bill. These provisions arise directly from the requirements of the Money Laundering Directive and the implementing directive. I will bring forward an amendment on Committee Stage to section 37 of the Bill to take account of concerns expressed about the practical difficulties in refusing to open an account for a person when it has not been ascertained finally that the individual is in fact a politically exposed person. Enhanced due diligence will also apply when a credit institution, a bank, enters into a correspondent banking arrangement with another credit institution situated in a place other than a member state of the European Union or a state which is recognised as having equivalent requirements. In addition to the role of designated persons, the Bill also provides in chapter 8 for the role of competent authorities, they are the supervisory authorities for each of the designated persons covered by the Bill. In that regard the competent authority for credit and financial institutions is the Financial Regulator. In the case of a designated person who is a solicitor, the competent authority is the Law Society. In the case of a designated person who is a barrister, the competent authority is the Bar Council. In the case of a designated person who is an auditor, external accountant, a tax adviser or trust or company service provider and who is a member of a designated accountancy body, that body is the competent authority. For some of the designated persons covered by the Bill such as dealers in high value goods and trust and company service providers and tax advisers who are not accountants or solicitors, the Minister for Justice, Equality and Law Reform will be the competent authority. A unit within my Department will act as a monitoring and authorising body for these groups for the purposes of money laundering. The function of a competent authority for the purposes of this Bill is to effectively monitor the designated body for whom it is a competent authority and to take whatever measures are reasonably necessary to secure compliance with the provisions of the Bill. The measures which could be taken may include reporting to the Garda Síochána and the Revenue Commissioners any knowledge or suspicion the competent authority has that a designated person for which it has responsibility has been or is engaged in money laundering or terrorist financing. Under the provisions of our current anti-money laundering legislation many competent authorities com- pile guidelines for their members on the operation of the legislation. Courts can have regard to these guidelines in considering matters relating to a prosecution for money laundering which may come before them. This Bill will make provision for the Minister to approve such guidelines for the purpose of guiding the designated persons to whom each set of guidelines applies. Having considered the matter further, I will introduce an amendment on Committee Stage to have the codes of practice referred to in section 107 referred to as “guideline”’ which is closer to the terminology in 261 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Dermot Ahern.] use. The Bill provides for the approval of these codes of practice by the Minister for Finance. Following discussions between my Department and the Department of Finance on this matter, I intend to introduce an amendment on Committee Stage to the effect that such approval would be given by the Minister for Justice, Equality and Law Reform in consultation with the Minister for Finance. Nothing in the Bill will limit the matters to which a court may have regard in determining whether a person took all reasonable steps and exercised all due diligence to avoid committing an offence. This Bill contains not only criminal law provisions but also many provisions relating to changes in financial regulation in so far as it impacts on the question of money laundering and terrorist financing. The Bill contains 121 sections, set out in five parts. The largest, part 4, is divided into ten chapters. It is not essential, nor is there sufficient time today to provide the House with details of each section. I wish, however, to outline the various parts of the Bill, the salient sections in each part and to indicate significant changes to the existing laws in this area which are being proposed. Part 1 of the Bill contains the usual provisions setting out the short title and commencement provisions, the interpretation section, the Minister’s regulatory powers and the expenses arrangements. Section 4 provides for the repeal of the existing anti-money laundering provisions contained in the Criminal Justice Act 1994. 1 will bring forward a technical amendment to section 2(1) on the definition of the Third Money Laundering Directive to take account of provisions of recent EU directives in the financial services sector which amend the Money Laundering Directive. Part 2 of the Bill deals with the main offence of money laundering. I have already outlined some of the provisions of this part. The part was drafted subject to the advice of the Attorney General and is somewhat different from the provisions currently contained in the Criminal Justice Act 1994. Our legal advice is that the provisions now set out in the Bill will be more effective in ensuring subsequent prosecutions of the offence in court. As I have mentioned, the penalties for the offence set out in section 7, particularly for a conviction on indictment, reflect the gravity with which we regard the crime of money laundering. A good deal of Part 2 of the Bill relates to the aspects of the offence of money laundering which take place outside the State. The penalties for the offence committed outside the State are identical to the penalties which apply to the main offence of money laundering which takes place in this jurisdiction. The application of jurisdiction for an offence occurring outside the State is a feature of many criminal law statutes. Money laundering is a crime which very frequently has an international dimension. On Committee Stage I will bring forward an amendment to section 8 on the extra- territorial jurisdiction issue on the basis of advice received from the Office of the Attorney General. Part 3 of the Bill deals with directions and orders in the context of an investigation of the offences covered by the Bill. Section 17 provides that a member of the Garda Síochána, not below the rank of superintendent may direct a person not to carry out a service or transaction for a period not exceeding seven days. The same section provides that a judge of the District Court may order a person not to carry out a specific service or transaction for a period not exceeding 21 days, if satisfied on information given by a member of the Garda Síochána that the service or transaction may comprise or assist money laundering or terrorist financing. I propose to increase this period to 28 days and I will bring forward an amendment on Commit- tee stage to this effect. Section 19 provides that a judge of the District Court may revoke a direction or order if he or she is satisfied that the circumstances envisaged under Section 17 do not or no longer apply. Section 20 provides that a judge of the District Court may, on application by any person 262 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage affected by a direction or order, make any order appropriate in relation to any of the property, if it is necessary to do so to enable the person to discharge the reasonable living and necessary expenses incurred or to be incurred in respect of the person or in respect of his or her dependants. Part 4 is the longest and most extensive part of the Bill. It is divided into ten chapters covering sections 24 to 109. This part is concerned with a range of provisions relating to the financial services industry, professional service providers and others. It also contains the provisions for the application of the all-important customer due diligence measures 12 o’clock and the various degrees of customer due diligence which apply in different circumstances. Customer due diligence is divided into four distinct parts in this Bill, basic customer due diligence, simplified customer due diligence, enhanced customer due diligence and monitoring of customer transactions. Chapter 1 deals entirely with the interpretation of the various terms which are essential to this part and to the Bill as a whole. The key terms defined in section 24 include the following: beneficial owner; business relationship; competent authority; credit institution; financial institution; designated person; professional service provider; property service provider; tax adviser and trust and company service provider. I will be bringing forward an amendment on Committee Stage to define the term Electronic Money Directive, which is relevant to this section. In addition to some drafting changes to this section I also propose to include An Post within the definition of financial institution for clarification, by way of amendment on Committee Stage. Section 25 sets out the meaning of the term “designated person”, which I have already outlined. A designated person refers to all of those individuals or bodies to which this legislation applies. This section also gives the Minister for Justice, Equality and Law Reform powers to prescribe a class of persons as a designated person if he or she is satisfied that any of the business activities they engage in may be used for the purposes of money laundering or terrorist financing. Section 28 defines a “trust”, meaning a trust that administers and distributes funds. A beneficial owner of a trust means an individual who is entitled to a vested interest in possession, remainder or reversion, whether or not the interest is defeasible, in at least 25% of the capital of the trust property; a class of individuals in whose main interest the trust is set up or operates; any individual who has control over the trust; or an individual who is the beneficial owner of a body corporate that is entitled to a vested interest of the kind referred to in section 28(2)(a). Section 29 provides that a beneficial owner with regard to an estate of a deceased person in the course of administration means the executor or administrator of the estate concerned. In section 30, a beneficial owner with regard to a legal entity or legal arrangement with some exceptions means an individual who benefits from the entity or arrangement to the extent of at least 25% of the property; individuals who benefit from the entity or arrangement in whose interest the entity or arrangement is set up or operates; or an individual who exercises control over at least 25% of the property. Chapter 3 deals with the issue of customer due diligence which relates to the identification and verification of customers and beneficial owners. It sets out the procedures which designated persons must follow if they are to adequately identify and verify their customers, including existing customers. The measures set out in this Part are to be applied, in most cases, prior to the establishment of a business relationship. Section 33 provides for the identification and verification of customers and beneficial owners and the application of certain aspects of enhanced and simplified customer due diligence. Section 33(2) sets out the particular measures which should be applied. It sets out the kinds of documents or information which can be relied upon to confirm the identity of a customer 263 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Dermot Ahern.] including documents from a Government source or a prescribed class or a combination of documents. Section 33(4) sets out the measures which should be applied where a customer is not physically present for verification. There is provision for verification to be taken during the establishment of a business relationship, rather than prior to it, if there are reasonable grounds to believe that to do so before that time would interrupt the normal conduct of business, but only where there is no real risk. Section 34 provides for exemptions from the requirements for customer due diligence. Such an exemption will apply to the beneficial ownership of money held, or proposed to be held, in trust in a client account. Section 34(4) provides that a credit institution may apply the exemption to money held in trust in a credit institution, if satisfied that the information on the identity of the beneficial owners of the money is available on request. Section 35(3) relates to the monitoring of the business relationship including scrutinising transactions with the object of obtaining information reasonably warranted by the risk of money laundering or terrorist financing. Section 36 provides that a designated person may be exempt from the requirements of section 35(1) if there are reasonable grounds to believe that the customer or the product concerned is a specified customer or a specified product in the meaning of section 34. A specified product is a life insurance policy having an annual premium of no more than \1,000 or a single premium of no more than \2,500 and an insurance policy in respect of a pension scheme that does not have a surrender clause and cannot be used as collateral. Section 37 provides for enhanced customer due diligence for politically exposed persons residing outside the State. The section provides that a designated person shall take steps to determine whether a customer or beneficial owner residing outside the State is a politically exposed person or an immediate family member or a close associate of a politically exposed person. These steps are reasonably warranted by the risk that the customer or beneficial owner is involved in money laundering or terrorist financing. Section 38 sets out the conditions under which a credit institution shall enter into a correspondent banking relationship with another credit institution in a place other than a member state of the European Union or a state with equivalent anti-money laundering requirements. Section 42 requires a designated person to report to An Garda Síochána and the Revenue Commissioners any knowledge or suspicion which they may have that a person is engaged in money laundering or terrorist financing. I will table an amendment to section 43 on Committee Stage to include the Revenue Commissioners as a body to which reports shall be made in the case of reports in respect of transactions with certain jurisdictions. Section 45 enables information included in a report to be used in an investigation into money laundering or terrorist financing. Sections 48 to 53, inclusive, deal with the prohibition of tipping off by a designated person, as well as with defences to a charge of tipping off in particular circumstances. Section 49 prohibits a designated person from making any disclosures likely to prejudice any ongoing or future investigation into money laundering or terrorist financing. Section 49(3) sets out the penalties for failing to comply with this provision. Chapter 6 deals with internal policies and procedures as well as training and record-keeping. Section 54 directs that a designated person shall have policies and procedures in place in their business to prevent and detect money laundering and terrorist financing. It also provides that the designated person shall detail the type of policies and procedures to be implemented. Section 55 requires a designated person to keep records of the procedures applied and the information gathered on each customer. 264 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

Chapter 7 deals with special provisions applying to credit or financial institutions. Section 56 requires that a credit or financial institution have systems in place to enable them to respond efficiently to inquiries from An Garda Síochána about its business relationships. Section 58 prohibits the setting up of anonymous accounts or the provision of anonymous passbooks by credit or financial institutions. Anonymous or numbered bank accounts or passbooks have not been a feature of the Irish banking system, although they have been a feature in those of some other jurisdictions. The section’s purpose is to transpose the requirements of the money laundering directive. It also complements and reinforces the customer identification requirements of the directive. Section 59 prohibits a credit institution from entering into a correspondent banking relationship with a shell bank. Chapter 8 deals with monitoring by competent authorities with section 60 explaining the meaning of the term “competent authority”. Section 60(2) lists persons or entities that may be considered a competent authority and section 60(3) provides that in certain circumstances the Minister may prescribe a competent authority for a class of designated persons. Section 62 lists the competent authorities which may be referred to as State competent authorities and provides the circumstances in which the Minister may prescribe a competent authority as a State competent authority. Section 63 sets out the functions and duties of a competent authority. I will bring forward two minor drafting amendments to section 63(2) on Committee Stage. Section 67(1) permits a State competent authority to direct a designated person to provide information or documents as specified by written notice. Section 67(2) sets out the penalties for failure to comply. Section 67(4) provides that the State competent authority should specify the manner and time in which the information is to be furnished and that a person should only furnish documents in their possession or documents which can be obtained lawfully. Section 68 provides that a State competent authority may direct a designated person to furnish an explanation concerning any documents provided to the authority under section 67 or lawfully removed from the premises under section 78. The remainder of this Chapter provides, in considerable detail, for the powers which may be exercised by a State competent authority including the appointment of authorised officers, the general powers of officers to enter premises and the entering of residential premises with permission or with a warrant. Section 81 stipulates that nothing in Chapter 8 requires a person to answer questions if to do so might tend to incriminate them. Section 82 provides that nothing in Chapter 8 requires the production of any document or information that is subject to legal privilege. Chapter 9 deals with the authorisation of trust and company service providers. Section 84 provides for the authorisation and registration procedures for persons carrying on the business of a trust and company service provider. For the purposes of this section, a trust and company service provider does not include a member of a designated accountancy body, a barrister or solicitor, or a credit institution or financial institution. Section 85 specifies certain matters which would disqualify a person from being considered a fit and proper person for the purposes of authorisation as a trust and company service provider. These include a person who has been convicted of money laundering, terrorist financing, an offence involving fraud, dishonesty or breach of trust and an offence in respect of conduct in a place other than the State that would constitute an offence of a kind referred to above, if the conduct occurred in the State. It would also include those with the following characteristics — where the person is an individual and under 18 years of age; the person has suspended payments due to creditors; the person is unable to meet obligations to creditors; the person is an undischarged bankrupt; or the person is otherwise not a fit and proper person. 265 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Dermot Ahern.]

Chapter 10 deals with other matters including in section 107 the approval of codes of practice or guidelines by the Minister to which, as I have mentioned earlier, courts may have regard in considering whether a defendant took all reasonable steps and exercised all due diligence to avoid committing an offence. Section 109 provides that a person who is a designated person in the context of section 25(1 )(h), that is a person directing a private members’ club, shall register with the Minister in accordance with procedures as may be prescribed or otherwise imposed by the Minister. Subsection (3) of that section provides that particulars shall be entered into a register established and maintained by the Minister for the purposes of this section. Part 5 deals with miscellaneous matters. Section 110 sets out the requirements in relation to the service of documents and section 111 relates to offences which have been committed by a body corporate or an unincorporated body, where a director, manager or other officer may also be taken to have committed the offence. Section 112 provides that the disclosure of information relating to a suspicion of an offence to a member of the Garda Síochána or another person concerned with an investigation into money laundering or terrorist financing, shall not be treated as a breach of disclosure of information imposed by any other enactment or rule of law. Sections 113-121 comprise mainly consequential amendments to a number of statutes. However, section 113 will enable the Financial Regulator to inquire into and impose administrative sanctions for breaches of Part 4 of the Bill by credit and financial institutions as required by the directive. Section 114 amends the Courts (Supplemental Provisions) Act 1961. This measure before the House today is important. It is important for our membership of the European Community that we transpose the directive without further delay. It is important for our financial services sector that we have in place the best possible anti-money laundering and terrorist financing legislation and it is important, in our fight against crime, that we have updated and modernised legislative safeguards to combat money laundering and terrorist financing. I commend this Bill to the House.

Deputy Charles Flanagan: I welcome the Bill and thank the Minister for his somewhat detailed overview of it. I look forward to teasing out the Bill in greater detail on Committee Stage. Progress on this matter has been tortuously slow. It is four years since the European Council passed the third EU money laundering directive. This directive was due to be transposed into Irish law by way of legislation in this House by 15 December 2007. The manner in which other EU countries have engaged in the transposing process highlights the delay here. For example, Denmark transposed the directive into its domestic law in 2006. Five other member states succeeded in transposing it in 2007, including our near neighbour and fellow common-law country, the United Kingdom. It is not fair to suggest difficulties were imposed on this Legis- lature because of our common-law jurisdiction unlike most mainland European countries. Some 13 members states transposed the directive in 2008. In the winter of 2009 we are, unfortunately and regrettably, part of a tiny handful of countries only now proceeding to transpose this directive into our law. It is fair and reasonable to say that this House is owed an explanation for the inordinate delay in this regard. Our neighbour, the United Kingdom, transposed the directive within two years. Why has it taken us more than twice that length of time to do so? The Taoiseach has frequently spoken of the need for Ireland to be at the heart of Europe, in particular when trying to convince voters to support the Lisbon treaty. Yet, the Government’s commitment to 266 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage the European project has been shown to be sorely lacking when it comes to transposition of this and other directives. The European Commission was compelled to refer Ireland to the European Court of Justice in regard to our failure to transpose this directive despite repeated requests from the Com- mission to comply. Unsurprisingly, we lost the case in the European Court of Justice and Ireland was ordered to meet the full costs involved. The European Court of Justice found the Irish Government had failed to provide a legal basis for financial institutions to monitor transactions carried out by so-called “politically vulnerable persons”. On 1 October this year, a second judgment was obtained by the European Commission in respect of Ireland’s failure to transpose implementing directive 2006/70, which lays down implementing measures in respect of the third money laundering directive. Only last month, the European Commission announced it has decided to issue a formal letter of notice to Ireland under Article 288 of the EC treaty for failure to execute the judgment of the European Court of Justice in respect of this third money laundering directive. We do not yet know what fine will be imposed. However, we do know the position in terms of our liability in respect of costs of the action. It would appear that the matter of measuring of the fine will result in a further level of embarrassment to this State, brought about by the failure of Government to process this action in a timely manner. Our failure to transpose this directive has left us not alone humiliated in the European context but subject to international disapproval, in particular from the United States of Amer- ica. In this regard, the US State Department believes that a number of people based in this jurisdiction have close links to the financing of international terrorism. Hence, a greater and more urgent need for us to transpose this anti-money laundering directive. Last year, Interpol issued an arrest warrant for an Irish national described by the US Government as a central fund-raiser for al-Qaeda in Europe. The international police network issued a warrant in respect of Ibrahim Buisir on foot of a Libyan arrest warrant. This was the first time Interpol had issued a global arrest warrant against an Irish national in respect of alleged Islamic terrorist related activities. The US Treasury Department has identified Buisir, who has lived at addresses in south Dublin, as having directed a European al-Qaeda cell that provided support to operations in Europe by arranging travel and accommodation. It is clear that we need robust anti-money laundering legislation. Indeed, we know from the situation between ourselves and Northern Ireland of the huge commercial activity that is the racketeering, smuggling, money and diesel laundering which is part and parcel of financing terrorist organisations. Unfortunately, we are witnessing a re-emergence of this by dissident Republicans who finance their terror in this jurisdiction and beyond in this manner. We need the most robust anti-money laundering legislation possible. In this regard, it is to be welcomed that the EU directive provides a framework of common action against terrorism and terrorist associates. Last year, I received correspondence from an Irish-based financial services provider warning that his company was being damaged by the Government’s failure to transpose this directive. That failure had given rise to a situation whereby business is suffering. The businessman stated that the failure of the Government to transpose the directive and the failure of this House to enact this legislation was presenting significant operational difficulties within global financial service firms. These firms are unable to implement the uniform global anti-money laundering programmes demanded by their lead regulatory authorities, such as the Federal Reserve, because Ireland has not adopted the risk-based approach. He went on to state that these operational difficulties are, in turn, causing issues with clients of the company who, as a consequence, may decide to move their business away from Ireland to competitor jurisdictions 267 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Charles Flanagan.] that have implemented the risk-based approach, including the United Kingdom, the Channel Islands or Luxembourg. Needless to say, this would have a serious adverse effect on the Exchequer. Ireland’s reputation as a well regulated financial services centre is further damaged by our ongoing failure to transpose this directive. I hope the Minister will give a full account to the House in this matter. He has not done so this morning but I ask him to come to committee and give a full explanation of why Ireland risked its international reputation, being dragged before the Euro- pean Court of Justice, damaging Irish-based financial services companies and potentially facilitating international terrorists, as was the concern not only of the EU but also of the US State Department. The way in which this directive has been handled by the Government is a disgrace. I welcome the consolidation of the anti-money-laundering legislation in this new Bill. It is more satisfactory than embedding such measures in existing legislation such as the Criminal Justice Act 1994, now that the legislative framework has broadened so substantially. However, some practitioners have complained that the Bill is overly long and unduly cumbersome and will make compliance somewhat difficult. I do not believe that is in the best interests of trade, business or commerce. I ask the Minister to examine opportunities that may simplify aspects of this Bill for Committee Stage. The central purpose of the Bill is to place requirements on certain designated bodies such as banks, lawyers, accountants, real estate agents and dealers in high-value goods to identify customers and report suspicious transactions to the Garda Síochána and the Revenue Commis- sioners, and to institute specific procedures to provide to the fullest possible extent for the prevention of money laundering and terrorist financing. It further provides that categories of designated bodies in respect of which there is no supervisory or competent authority — such as tax advisers who are not accountants or solicitors and dealers in high-value goods who may receive cash receipts in excess of \15,000 — will be monitored for the purposes of compliance with the legislation by the Department of Justice, Equality and Law Reform. The latter category includes operators such as car dealers, boat dealers, jewellers and art dealers. We will require some clarification as to how estate agents or yacht owners will be made aware of their new obligations under this legislation when it is enacted, if not later this year then early next year. There are practical consequences that will require some detailed explanation and clarification. For example, how will the Department of Justice, Equality and Law Reform monitor the compliance of categories of designated bodies in respect of which there are no supervisory or competent authorities, such as tax advisers who may not be qualified as accountants, actuaries or solicitors, or dealers in high-value goods, as I mentioned earlier? It is a broad designation and an appropriate framework is necessary to ensure not only that obligations are met but that those concerned are aware of them. Has the Minister examined comparable systems in other jurisdictions? There will be practical consequences of the obligations the Bill will place on other designated bodies and individuals. One issue of particular concern is the absence of certain bodies among the designated bodies under the Bill, although I heard the Minister make reference to the fact that he will introduce some amendments on Committee Stage, which I welcome. I do not see any reference to investment intermediaries, although I may have missed it in the 120 or so sections of the Bill. These are authorised under the Investment Intermediaries Act 1995. If these are not designated under the Bill, it places them outside the scope of the legislation. Given the large scale of investment fund administration business in this country, this may have to be clarified. If, as I suspect, it is an omission, it is a serious one which requires remedying. I would have thought all investment intermediaries would be listed as designated bodies. I welcome the clarification the Minister 268 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage has given in respect of An Post. Post offices, which do engage in financial transactions, are to be designated, albeit at a later stage. I understand the Financial Regulator has made a number of comments on the Bill. I wonder if the concerns expressed by the regulator have been considered and acted upon. This is an issue we can discuss again on Committee Stage. These concerns were germane to the legislation and I hope there were appropriate meetings between officials of the Department of Justice, Equality and Law Reform and the Office of the Financial Regulator. I welcome the inclusion of private gaming clubs in the Bill. The Minister is on record as referring to the “mushrooming” of such clubs in recent years. We should receive a briefing from the Minister on these clubs; how many are in existence and what types of business are being undertaken there? Does the Minister have concerns about their operation, given that they largely operate in an unregulated environment? What action does the Government propose to take with regard to regulating the sector? We have had a number of reports, and reviews have been commissioned and undertaken, but eventually we must decide on a course of action. In this regard we do not appear to have any knowledge of current Government policy or proposals, if any. In view of the fact that we are enacting this Bill and these clubs are specifically included in the Bill, it is incumbent upon us to engage in a form of regulation that will be both transparent and properly regulated. The sources of ill-gotten gains are referred to in the Bill. The World Bank has stated that ill-gotten gains are obtained from a wide range of criminal activities, including political corruption, illegal sales of weaponry, and the illicit trafficking and exploitation of human beings. Ireland is unfortunately not immune to any of the criminal activities I mention. I refer briefly to the illegal sale of weapons. The Minister has taken steps in respect of law- abiding, licence-holding gun owners, and that legislation was enacted early in the summer. However, as we see on a weekly basis in terms of gangland shootings and murders, criminals seem to have little trouble procuring illegally held weapons. Not enough is being done to prevent criminals from acquiring dangerous weapons. This is an area that needs urgent attention. These weapons are being acquired in this jurisdiction after being brought in with illegal consignments of drugs and other contraband on a regular basis. It is an issue that requires an EU-wide approach. I am pleased to be in regular contact with my colleague, the Dublin MEP Gay Mitchell, who has undertaken a number of visits to Eastern European states and raised the issue with members of the European Parliament from particular jurisdictions, including the Czech Republic. Gangsters can afford weapons thanks to the vast sums of money they make from their drug empires. Our Criminal Assets Bureau does great work in its attempt to seize the proceeds of crime but one hopes this Bill will facilitate identifying criminal activity earlier in the chain. From that point of view it is welcome. The obligations of dealers in high-value goods should be very bad news for criminals who, notoriously, love to spend their money on items of prestige, such as black SUVs with the blacked out windows. As the Acting Chairman may be aware, Irish gangsters are especially fond of owning properties in countries such as Spain and Bulgaria. I hope the attempts by the European Union to prevent money laundering will stymie the efforts of these gangsters to spread their ill-gotten wealth, not only in this country but in other European jurisdictions. I shall refer briefly to human trafficking. The World Bank commented on the vast sums of money made from human trafficking. Only this week my colleague, Deputy Denis Naughten, introduced a very important motion to the Dáil which, regrettably, was defeated for no other reason than narrow, party-partisan political grounds. This motion noted that, at minimum, 102 women and girls have been clearly identified in a recent report as having been sex-trafficked in 2007 and 2008. Eleven of these were children when they arrived in this jurisdiction. None of 269 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Charles Flanagan.] these women knew they were destined for the Irish sex trade. Up to 97% of the 1,000 women involved in indoor prostitution in Ireland at any given time are from overseas. They are migrant women. Victims of trafficking are identified by this Government as illegal immigrants first, and consequently are detained and imprisoned. Unfortunately and regrettably, they are identified as victims second. Several European countries have successfully tackled human trafficking and forced prostitution by introducing legislation that criminalises the buying of sex services. The UK is introducing legislation to reduce prostitution and human trafficking which will impact directly on the Republic. Clearly, criminals are making a great deal of money out of human trafficking in this country. I am hopeful the implementation of the third EU anti-money laundering directive will go some way towards addressing this very serious problem. I ask the Minister to reconsider the proposals made in the Dáil this week in respect of human trafficking. They include a number of practical proposals, such as moving the focus on human trafficking from the Garda National Immigration Bureau to the Garda Organised Crime Unit, and establishing a high level group to examine our prostitution laws with a view towards preventing the proliferation of sex trafficking in this jurisdiction. We cannot rely on the Euro- pean Union to solve all our crime problems so a degree of open-mindedness on the part of the Minister for Justice, Equality and Law Reform in respect of proposals from this and other sides of the House would be not alone appropriate but essential if we are to deal with this issue. I welcome the initiative to transpose this important EU directive, however belated it is. It is essential that we in this country live up to our responsibilities, both nationally through our people at home and internationally to prevent criminals from enjoying the proceeds of crime. It is a matter of regret there has been such a delay in this transposition, thereby undoubtedly harming our reputation within the European Union as well as making life difficult for those engaged in the financial services industry, particularly at a time of economic downturn when business is suffering. There are specific difficulties, some of which I have referred to and others to which the Minister referred by his flagging of amendments on Committee Stage. I am hopeful we can deal with any specific technical details or problems on Committee Stage. The Bill is complex, lengthy and technical. Perhaps parts of it might be examined to ensure its application could be in a less technical and more practical form. I would welcome that. I look forward to Committee Stage of the debate which may take place before Christmas or early in the new year.

Deputy Joanna Tuffy: This Bill has been introduced as a stage in implementing EU legislation on money laundering. As Deputy Flanagan noted, it is at a late stage. We are passing it through the House now, following a European Court of Justice judgment against Ireland on this matter and a formal notice served earlier this year. I have pointed out several times that we must look to how we manage legislation in the House. I realise a committee is examining Dáil reform and how the House operates. We must deal with legislation in a properly organised manner so that we do not spend many months without any significant legislative work while at other times trying to rush legislation through at the end of year. This is a justice Bill. I am the Labour Party spokesperson on the environment and I know there are many cases in train against Ireland in respect of the non-implementation or transposition of European environmental law. The Government must deal with this issue. There is a great deal of cynicism about politics, most of which is unjustified. However, much of it has to do with how the Oireachtas operates. People take the view that one of our main functions is to be legislators. We must manage how we pass legislation through the House so that we do so in an efficient and timely manner and on the basis of relevance. The Government should 270 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage ensure that whatever resources are required for legal drafting are provided. It is a very important of our role and it is important we are resourced properly in that regard. We are at one stage of this legislative process; there were previous stages and I understand this is the third legislative measure to try to implement these rules. The attempt began with the Criminal Justice Bill in 1994. In terms of our day to day lives, the money laundering legislation passed to date in this country has impacted on the banks and how we all deal with banks in our daily lives. Banks have changed with regard to how they deal with the ordinary public, sometimes not necessarily for the better because they have become much more restric- tive in their dealings with the ordinary customer who uses a bank account for salary and mortgage purposes. When we want to open an account we must bring certain documentation to the bank that was not required in the past. I cannot cash a cheque in the bank but must lodge it. There are many more restrictions in my dealings with my bank and that is how most people are affected by the changes in banking practice. I realise that is all necessary and is aimed at preventing criminal behaviour, especially money laundering. On the other side of the spectrum, while this has all been happening and the European Union and Ireland have been putting all these measures in place to try to deal with money laundering and related criminal activity, it must be pointed out that all the problems created in our financial system, our banks and our economy are not due to the activities of organised criminals. They are not due to the activities of people such as us who deal normally with the banks but are because of financial speculation that was promoted by the banks and facilitated by many Government policies. Much of the activity in question has not been regulated. This is one type of activity among many that should be addressed but are not currently considered as crimes, despite being reckless and the cause of great inequality and deprivation, given the changes being made in public expenditure and so on. Deepening inequality will lead to even more crime and moneylaundering if the Government continues with its approach. In a way, we are always trying to catch up with the latest initiatives by criminals to launder money without getting caught. We are introducing significant legislative measures to deal with criminals, but it is also important that we address something that we do not currently regard as a crime, including the lack of regulation of banks’ day-to-day activities that brought the country to its knees. I will quote from an article in The Times written by Sir Ken MacDonald QC that I read this morning. He is a member of the Matrix Chambers and was Britain’s Director of Public Pros- ecutions from 2003 to 2008. He spoke of how banks have not been regulated. He wrote:

If you mug someone in the street and you are caught, the chances are that you will go to prison. In recent years mugging someone out of their savings or their pension would probably earn you a yacht.

This is the type of country that we have allowed to flourish here. It is similar to what has occurred in Britain and elsewhere, so we are not the only ones to have allowed it. It is a European issue. We need Europe to regulate banks, so as that legitimate activities that were nevertheless reckless, endangered our economy and brought it to its knees are not permitted. The Minister could take on board something else stated by Sir Ken MacDonald:

In Britain we had an additional burden: legislators who preferred criminal justice to be an auction of fake toughness, so long as the toughness was not too tough to design. So no one likes terrorists [this is relevant to the Bill]? Let’s bring in lots of terror laws, the tougher the better. Let’s lock up nasty people longer, and for longer before they are charged .... And 271 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Joanna Tuffy.] they didn’t want to tackle the more complex issues that really affect safety in people’s lives. It was easier to throw increasingly illiberal sound bites at a shadowy and fearsome enemy.

Nothing was being done about financial speculation.

Deputy Dermot Ahern: It sounds a little like he was giving his own a soundbite. One would wonder what he was doing for those five years.

Deputy Joanna Tuffy: Perhaps it is a soundbite, but it is relevant. Maybe he has learned something that the Minister, who promotes an image of toughness on crime, should also learn. What about what has been going on? Sir Ken MacDonald stated: “In Britain, no one has any confidence that fraud in the banks will be prosecuted as crime”. The same situation obtains in Ireland. The people on the street do not believe that anyone will be brought to justice for what transpired in the banks in recent years.

Deputy Dermot Ahern: One cannot bring people to court based on what the people on the street believe.

Deputy Joanna Tuffy: One cannot, but there is considerable wisdom in what they believe. The Minister reacts to much of it.

Deputy Dermot Ahern: Of course there is, but one cannot bring people to court because of it. The Deputy knows that.

Deputy Joanna Tuffy: Yes. As such, we need legislation to ensure that people do not get away with the types of activity that have been occurring in banks and financial institutions in recent years. This is the least that we should do. The Minister could play a significant role in this regard. In terms of aims and motivation, there is a strong relationship between the world of organised crime and the world in which the activities I have mentioned are not crimes at all. I read the EU’s organised crime threat assessment, a report Europol published earlier this year. One of its chapters is on moneylaundering and discusses how many of the proceeds of crime are turned into cash. The problem for criminals is that they want to be successful and many view themselves as business people. They want to be seen as being legitimate. Regarding cash, the report states: “They cannot make use of it in longer term strategies or extend the quality of their criminal lifestyle; nor can they improve their status in society or legitimise themselves with cash derived from criminal proceeds”. Elsewhere, the report discusses how moneylaundering is a key component of criminal activities. We can be sure that many of these criminals use our financial system despite our laws. Irrespective of which laws we have in place, they will always come up with more sophisticated ways to get around them or use loopholes. However, they want status and to be seen as legitimate, for which reason they launder money. They are also subject to the profit motive. News- paper reports outline how they have the fantastic houses. Many live in Spain, for example, and have lives that people would envy. They want the type of lifestyle desired by many of our business people. We should be wary of another issue raised in the report. Criminals will try to take advantage of our economic crisis. They will use the black market and, given the unemployment problem, irregular or undeclared labour. If the black market grows, there will be an impact on entre- preneurs who want to be legitimate and law-abiding citizens, but might become more open to colluding with organised criminals if they are in trouble. Inequality and alienation in local 272 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage communities are also exploited to help criminals make a profit. For example, they exploit communities in which drug addiction is rife. There is a considerable relationship between organised crime and the legitimate economy. The Minister needs to examine aspects of the latter that should be considered criminal, and the sooner the better. Our society needs to debate this issue. It should not be the case that the Minister or the Department of Finance will simply present a Bill at some point. It is possible that the Minister will deal with some of these issues. Our society needs to consider carefully how it wants to move forward in terms of banking regulation and which aspects of financial speculation should be criminalised. The Minister should consult before introducing a Bill. Interested parties could appear before the House’s committees and Opposition Members could be heard. Other countries have experienced economic crises and financial scandals and speculation, but they have learned and introduced tougher regulations. They have not been hit as hard by the current financial crisis. We must ensure that we put similar measures in place in our financial system. According to the Europol report, one way to launder money was for organised criminals to invest in construction, real estate and land speculation. I do not know the Irish picture. If the Minister has any information in this respect, I would be interested in getting it. The report shows the interface between legitimate speculation and illegitimate activities. Ireland must examine this matter, as we can be sure that some of it was occurring in our country. Some elements have been common, including the culture behind much of what transpired. I refer to the financial speculation, the lack of regulation and the idea that people should get really filthy rich. The Labour Party in Britain went along with that type of philosophy, and it was wrong. There was an engine of greed and inequality, which promoted our land and financial speculation and which also promotes organised criminal activity, and that is one of the issues we need to address. I agree with the Minister that he should be tough on crime, but we also need to nip crime in the bud. It is a murky world. Those on whom crime has the worst impact are the ones most disadvantaged in the community, but it also thrives on that type of inequality. In terms of that same report from Europol, these people are linked with many abhorrent criminal activities. Deputy Charles Flanagan mentioned human and sex trafficking activities. Many of them use violence to control communities, to control their people, to dominate in the market. However, these people started out in local communities, which they exploit, which experience inequality and which have drug problems. They themselves were once children for whom there was a little hope and they ended up getting involved in this activity. I have no sympathy for them whatsoever and they should be dealt with toughly, but we need to stop, not only the demand for drugs but also people getting involved in criminal activity. A report on inequality in Ireland was launched by ICTU yesterday. One of its findings was that the gap between those at the bottom and those at the top in terms of income inequality widened in the years 1987 to 2005, which, presumably, is as far as the report covered. I read the newspaper reports rather than the report itself. That gap widened in other countries as well, such as the United States and Britain. This did not happen in all countries because some countries reduced the gap in income inequality over those years. There has been much research on the matter and much talk in Britain, and some here. Mr. Vincent Browne, the broadcaster, speaks often about a book in Britain entitled The Spirit Level: Why More Equal Societies Almost Always Do Better. Basically, the book looks at studies in developed countries and 30 US states over the past 30 years and compares them in terms of income equality and then looks at how they fare in terms of life expectancy, health, etc. One 273 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Joanna Tuffy.] of the areas it looks at is how those societies fare in terms of combating drugs and crime. If found, for example, that people in the more unequal countries have higher death rates from drug abuse. Similarly, the countries with more inequality have more people in prison, higher rates of crime, more teenage pregnancies and more mental health difficulties, which is another issue related to crime. If we want to do something about crime, apart from bringing in legislation we also need to deal with the issue of inequality. Much evidence on inequality is available as a result of substantial research. The evidence about drug abuse comes from the World Drug Report 2007. These are studies that have been carried out from numerous sources and which have been collated in the book to which I referred. If we want to deal with the issue of crime, from minor crime and zero tolerance right up to serious crime, one of the issues with which we need to deal and which the Minister needs to take on board is inequality in society. We need to ensure we bring about more income inequality in any measures, including public expenditure, taken by the Government from here on in. The Minister needs to ensure that the measures to combat drug abuse in communities are not impacted upon by the cuts. We need to keep up the funding for drugs task forces and for other measures which help deal with drug abuse. That is very important. Organised criminals thrive on the sale of drugs and when it comes down to the end of the chain, it affects people in local communities, such as the community I represent. I have seen them myself. When canvassing at certain shopping centres I try to avoid people who are selling drugs. It comes down to people on the ground and we need to do our best to stop the demand for drugs from people who live in local communities. I will be dealing with this Bill on behalf of the Labour Party. I have not had enough opportunity to really go at length into the specifics of the Bill, but I am interested in the new provision about “politically exposed persons”. What about “politically exposed persons” who live in the State? Are they covered already? Why are they not covered by this Bill? That is a matter we might explore on Committee Stage. On gambling, I received correspondence from the private gaming clubs’ representatives that the sector welcomes its inclusion in the Bill. This, in itself, is obviously welcome, but the Labour Party would have concerns about private gambling clubs. We are in tough economic times and some may try to use gambling as a way to get out of their financial problems, and the question of whether it is a good idea to legitimise this type of activity is one we need to discuss further on Committee Stage as well. I look forward to working with the Minister, his staff and the other Deputies on this issue.

Deputy Bernard J. Durkan: I am delighted to have an opportunity to speak on this legislation, which I have encouraged the Minister to bring to the House for many a year and which appears belatedly before us. I note there were other pressing issues, and there will be further pressing issues to distract ministerial attention from time to time. I welcome the Bill. The Acting Chairman, Deputy O’Connor, and the Minister, Deputy Dermot Ahern, and Deputy Tuffy, know full well the kind of activities that have been taking place in this country over the past ten years which require this kind of legislation for a number of reasons — to protect the general public, to protect legitimate business interests in this jurisdiction and throughout Europe, to prevent the contamination of the entire financial services infrastructure from the activities of unscrupulous people who use every means at their disposal to achieve gains of a greater nature than they have already achieved, ill-gotten though they may well be, and to protect the general public from the threats and implication of threats that go with the kind of operations we have seen throughout this country for some years and which seem to be able to progress unimpeded. 274 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

One wonders where some groups, bodies or agencies get hold of the money to run their business, but it is easy nowadays. In today’s world of high technology, it is extremely easy and effective to transfer large amounts of money from one corner of the globe to another, and to do so with such rapidity as to make it virtually impossible for any authority to track. The Minister in his speech carefully set out the issues that confront society. I am not certain whether the Bill will be capable of dealing with the job facing it, particularly because of the magnitude of the task in hand. I note that in the aftermath of Lisbon II it should be easier and I hope that the institutions anticipated under Lisbon II become fully and forcefully effective. The money laundering now taking place comes in many shapes and forms. It is big business and is significantly remunerative and tax-free. It is 100% profit-related in all cases. It is built on fear, terror and exploitation, and that is the way it continues. It is a huge industry. The various things to which previous speakers referred are valid. How effective will this be? The drugs industry is a good example where those involved have to legitimise their activities by routing their finances through legitimate businesses. Legitimate businesses are effectively used as a front for these activities. In some cases, it is impossible to prove the existence of very substantial sums of money that can be transferred in a series of moves right across the globe. However, modern police methods are catching up and we hope that the degree of co-operation that is required between the EU member state police forces will be forthcoming because if that is not the case this legislation will not work. Instances of large scale money laundering and protectionism have been brought to my attention. Threats of violence and intimidation are used to ensure that this kind of activity goes on. In the last few years, some so-called businessmen have been associated with doubtful financial transactions. This would raise the question as to how much we can depend on the information that we get from some groups and agencies. I have no doubt this Bill will be effective against what may be termed the “small people”.If a person applies for local authority housing, let us consider the volume of correspondence he or she must produce before he or she can even get on the list. That is where the Bill seems to have most effect, and I cannot understand why that should be the case. If students 1o’clock apply for higher education grants, we all know from our constituency clinics about the amount of correspondence with which they must deal. I met with somebody the other day who was applying for a grant and, while I appreciate that the identify of the person concerned must be verified, I have never come across a case where the level of scrutiny might be warranted. Yet, I have found many cases where there was no need for it at all. It was only effective in slowing down the administrative process. A little bit of common sense is no harm in order to ensure that the real work of this Bill is carried out effectively. The enforcement of legislation is another issue. There is not much sense in having legislation on the Statute Book unless it is put into operation. Everybody rushes for the legislative book when something happens that should not have happened. Was there sufficient legislation in place to deal with the issue that arose? In this case I do not think that there was. This is a new Bill and its effectiveness will be dependent upon the degree to which it is enforced and the degree to which the police authorities in all the member states of the EU and elsewhere will co-operate. Detection needs to become much more sophisticated. This can lead to the erosion of people’s rights, something I would not like to see that happen, but common sense can do much in these situations. We all know businesses that are completely legitimate, but we also wonder how other businesses continue to exist. The answer to such questions will concentrate the minds of people. If the Bill is to become effective against the worldwide travellers who launder and 275 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Bernard J. Durkan.] invest money, it will be down to the degree to which the individual member states across the EU and countries across the globe are prepared to get involved. The Minister states in his speech:

The problem of money laundering has been with us for a very long time. What makes money laundering such an important issue in the modern world is the increasingly sophisticated nature of this kind of crime. That fact, allied with the increasing globalisation of both the financial and business worlds and the internationalisation of a great deal of criminal activity makes the crime of money laundering more prevalent.

That is very valid. The Minister went on to state:

Part 2 of the Bill deals with the main offence of money laundering occurring in or outside the State. It is an offence under the terms of this Bill if a person conceals or disguises the true nature, source, location, disposition, movement or ownership of property, including money, which is the proceeds of criminal conduct. Converting, transferring, handling, acquiring, possessing or using such property is also an offence, as is removing the property from or bringing it into the State. The offence applies to a person who knows or believes, or is reckless as to whether the property is the proceeds of criminal conduct.

I can see problems with the phrase “a person who knows or believes”, because modern criminals use innocent people to carry out their crime. They use innocent couriers to carry out their crime. They particularly target people who are in financial need or who are financially embarrassed, and they will use them to convey or launder their money, or to do anything else that is required. They will do this in as large a scale as it takes to do the job. The next part of the Minister’s statement is the most important. He states:

The seriousness of the offence of money laundering is underlined by the level of the penalties which a person may face who is found guilty of the offence. On summary conviction, the guilty party could face a fine of up to \5,000 and a term of imprisonment of up to 12 months. On indictment, an offender found guilty could be jailed for up to 14 years or be fined or both. It should be noted that a reference to a person knowing or believing that property is the proceeds of criminal conduct also applies to a person who knows or believes the property is probably the proceeds of crime.

I can assure the Minister that the threat of 12 months imprisonment or a fine of \5,000 is of no significance to people in that bracket. It could become an incentive. After all, if the value of the moneys to be laundered is sufficiently high, it would be good value to spend 12 months in prison and be fined \5,000. Do we really believe a term of imprisonment of 12 to 14 years will deter somebody who has the opportunity to launder \10 million or \15 million or, as in many cases, considerably more? I do not regard this sentence as long enough to deter people from laundering such sums — it might even encourage them. I am trying to emphasise that there seems to be a problem in Ireland with regard to how one should deal with serious crime. Serious crime requires serious sentencing. If a crime is proven beyond all reasonable doubt by the State, it should not fear increasing the penalty to the required level. The sentences in the United States have not abolished or prevented crime — nobody can — but they certainly increase the risks associated with it. It is not at all unusual for somebody in the United States to be imprisoned for life. A life sentence in that country 276 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage means life. Sentences of multiples of 50 years are imposed in some cases. Recently, some characters involved in rogue financial dealings learned a harsh lesson in this regard. While we may have constitutional requirements to comply with, it is high time we realised that if the financial reward is big enough, a deterrent of ten, 12 or 14 years in prison makes no difference. This is well recognised among those concerned. The Minister needs to examine this matter urgently. On Committee Stage, he should consider the prospect of increasing the sentences that apply. This applies all round. Recently, a retired judge called for the return of the death penalty. I reject this completely. As a civilised society, we have long since gone past that. There is no sense in descending to the level of the criminal by taking a life for a life because this does not work any more, but I see no difficulty in ensuring individuals who have engaged in money laundering, drug smuggling or other criminal activity remain in prison for as long as they live. The quicker we realise that, the better. In Ireland, the question always arises as to how much it costs to keep a person in prison. The answer is that I do not care, nor does society. If the wrong done to society is sufficiently serious, society must protect itself. There is no other approach and, therefore, I have no hesi- tation in saying the Minister should consider very carefully the urgent need to ensure that we have a really serious impact on organised crime and create as many disincentives as possible. Recently, when I was comparing Irish sentencing to that in the United States, somebody said to me the sentences in the United States do not prevent crime. Of course they do not but, importantly, they certainly do not encourage it. For example, nobody can prevent murder. In many other countries, the sentences for murder are very much stiffer than they are here. While such sentences do not prevent the crime, they warn people that there is retribution and that it could be long and severe. We have, unfortunately, strayed from this concept. I remember a discussion many years ago with a man imprisoned for taking somebody’s life. He told me his doing so was not regarded as a serious crime. I would hate to think of what he believes now. The crime has become increasingly less serious. All deliberate crime has come to be regarded as less serious. I do not refer to manslaughter but to the crimes anticipated in the context of this legislation. I refer to crime that can do untold damage to society and leave a blotch on it and to crime that can blight families all over the world. All such crime must be tackled by each state through its institutions. If we do not do so, we will be weak. If society is weak in standing up to the threat of crime, it will suffer as a consequence. I welcome the legislation. I and Members on this side of the House have called for it repeat- edly over recent years. The Garda has done some good and very useful work recently but it and the Criminal Assets Bureau will be employed full-time in dealing with the kinds of issues that are likely to emerge on foot of financial transactions worldwide over the next five or ten years. Ireland and other countries deluded themselves by saying how wonderful and wealthy they were and by believing for a while that nobody would really have to work again. Reality has dawned. In order to protect society, it is essential that this legislation be enforced fully.

Deputy Seymour Crawford: I welcome the opportunity to say a few words on this Bill. As with the Minister, I come from a Border county whose residents were, for many years, extremely well aware of money laundering, cigarette and drug smuggling and all sorts of ways of raising money. It was impossible to find out how this money was used or lodged. The Bill is being introduced because of European legislative requirements. I welcome this because, as an island and small country, we cannot deal with money laundering or any of the major crimes without the support and involvement of other countries and the structures of the European Union. The Bill is to consolidate all the State’s anti-money-laundering legislation in 277 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Seymour Crawford.] a single statute. It increases the obligations on a wide range of legal persons, including credit and financial institutions, lawyers and accountants. This is crucial. The Bill gives the Garda the power to enter premises and deal with the circumstances that arise as advised. Tax advisers and all sorts of other individuals are involved in the money market and it is important that they be encompassed by the legislation. I note from comments that have been made that car and boat dealers, jewellers, art dealers and others will be subject to monitoring because all sorts of enterprises are used by criminals to put money away for the future. I welcome the recent strong activities of the Garda, Customs and Excise and all of the relevant bodies and how they dealt with cigarette smuggling issues and other matters in recent times. Until we get those under control, we, as a nation, are losing a lot of taxation from which we should benefit. Before contributing on the Bill I attended a meeting dealing with the tax differential between both sides of the Border and the massive outflow of goods that results from money leaving this country. Money laundering is an extremely serious matter. We have seen cases of people buying property abroad. At one time I was in an eastern European country on an Oireachtas trip and we ended the day in what seemed to be an Irish pub. However, it was clear to me that it was being used for other purposes. Those are the type of things that were happening. I hope that when it is enacted the Bill will ensure that justice is meted out to the people who are involved in such crime and that they are given proper sentences. I agree with Deputy Durkan’s point on the level of fines proposed in the Bill. I spoke recently to a small farmer who, as a result of an animal health problem, failed to comply with some regulations. He was not fined through a court process but a deduction of \11,000 was made in his payments in future years. I have come across many other farmers who were involved in infringements beyond their control and they lost all their payments for the years in question. In that context, we must revisit the imposition of a fine of \5,000 for what is, in effect, the sabotage of our nation. The Minister referred to the seriousness of the issue and outlined that, on indictment, an offender who is found guilty could be jailed for up to 14 years, be fined or both. A presumption is made in the Bill that a person knew or believed that the property was the proceeds of criminal conduct or that it was probably the case. The difficulty in this situation is that we have to use the word “probably”. There seems to be less effort to trace property than to pursue a person who does not pay an element of tax. There is no problem in following taxation right down the line. That has been evident in the past ten years in terms of amnesties and other issues. People have had to go back several years to prove their innocence; otherwise, they were considered guilty. Why is it that we seem to have difficulty dealing with persons who are laundering money from illegal endeavours? That provision must be strengthened. I welcome the Minister’s reference to the fact that he is considering Committee Stage amendments following the representations made to him since the Bill was published in July. I am not as legally educated as my colleague, Deputy Charles Flanagan, but I understand that it is vital for the Minister to go into the committee process with an open mind and that he take into account the representations that have been made to him. This is critical legislation. It reminds me somewhat of the Bill required to transpose the nitrates directive. It took us 12 years to put that through the system and in the end the negotiations were held literally in court rather than in private. We did not get the best deal on that occasion. We seem to have a habit of leaving things until the last minute. Once again, it is clear from the information available that the Bill has antagonised some of our European colleagues. The European Commission is to take legal action against member states suspected of violating 278 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

European law. It is obvious that we have not dealt with the matter as we should have. I hope we get it through the system with reasonable speed so that we meet our European obligations. We should not forget that without Europe we would be in a very poor situation. As one who went out publicly and campaigned for the Lisbon treaty on both occasions, I get annoyed when I see the lax attitude we adopt to dealing with issues coming from Europe. Without the support of the European Central Bank structure, we would not be able to get money at the current rate of interest. During the previous period of economic difficulty, we had our own currency and interest rates climbed to 23%. I paid 23% for long-term money. We have obligations to try to address matters in a timely fashion in line with requests from Europe. That does not mean we have to bow down to Europe, but it is evident that our Ministers have agreed with European powers that the Bill should be enacted. We should be better at dealing with the issues that we are requested to address. When one considers what has happened in the past, such as money laundering and other criminal activity, it is clear that it is conducted on an international basis. The Minister referred to the ease of electronic banking transfers. It is important to remember that 30 years or 40 years ago there was no problem dealing with Libya and other areas. People could get what they wanted and find a way to do it. Crime crosses borders and oceans. It is important to work with our European counterparts and others to ensure that the tightest possible legislation is in place to curtail and minimise money laundering and such activities in so far as that is possible. Having lived in a border region for all my life — I will not say how long that is — I am not so stupid to think we can ever curtail all such activity. It is our duty as legislators to ensure that the law is as tight as possible. It is also our duty to ensure the personnel are in place to implement it. From a farming point of view, a Bill was brought through this House by a former Minister for Agriculture, former Deputy Michael O’Kennedy, to deal with the meat and bonemeal issue. I believe that was in 1989 but, unfortunately, the personnel were not put in place to police that area and the provender industry continued using it. It was not until bovine spongiform encephalopathy, BSE, was discovered and a great deal of damage done that it realised that the legislation was not implemented. We are good at doing that in this country. We bring in legislation and make a big fuss about the fact that we are doing the right thing. As far as speed cameras are concerned, we brought in legislation and the only areas speed cameras were ever introduced, and it worked, was in the north east. I believe there were three speed cameras moved from box to box but that did not happen in other areas. Six years later I believe the provision is now being put in place. When this law is enacted the Minister should ensure that we have the personnel in place to implement it. We recently learned that many of our senior and possibly our best gardaí are taking early retirement because of their concerns about what might happen to their pension lump sums. We must ensure those people are replaced and that the Border area in particular has a sufficient number of gardaí to ensure everything is done to minimise crime. I say that for another reason also. We had a bomb defused in Forkhill and another in Donegal town. Other criminal activities have taken place that put our country in danger. It is important that the people who are engaged in those activities have their funds taken from them by whatever means, be it by addressing the cigarette smuggling problem or whatever. I will never forget visiting the home of the late SDLP councillor, John Fee, who was left for dead at the bottom of his own avenue. Fortunately, he survived. He told me he knew a lot of information about the people who did that to him but he did not hold anything against them because they were sent to do it and they had to do it. He also told me that the people who 279 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Seymour Crawford.] were sent to do that to him will try to find other means, even though there is peace in the country, to fund their lifestyle. Poor John has since passed away but the situation is still relevant in that there are people whose only interest is in having a high lifestyle by whatever means. The CAB and other groups have done a wonderful job in many areas. I support them. I support this legislation and I hope that whatever amendments are necessary to make it as workable as possible will be dealt with on Committee Stage and that the personnel will be provided to ensure the objectives of the Bill are implemented, not just at Irish level but at European level and worldwide.

Deputy Michael D. Higgins: I welcome the opportunity of speaking in the debate on this legislation, which is welcome. It must be put in context. It is important that we are bringing forward this legislation and it is even more important that we use this debate as an opportunity to declare an intention to be part of further initiatives at the level of the European Union and globally. One of the greatest failures of the international financial system is that it has chosen to be silent on the issue of what one might call the transmission of dirty money in the world. By that I mean that demands have been made in different parts of the planet to deal with the issue of hot money, as it is sometimes called, or dirty money as I call it, but we find that people in the banking system internationally will use the resources of law, as they have in many different countries, to try to invoke principles of secrecy for accounts and so forth. This arose in a case in the United States, for example, until the Supreme Court finally struck down objections to laws which facilitated some equivalent measures in the United States. I welcome this legislation but what does the literature tell us about money laundering? This Bill refers, for example, to the proceeds of drugs and of terrorist activity. The literature tells us that so-called hot money or dirty money, which is the phrase I will use, and money that is the proceeds of drugs and different illegal arms exports and sales travel are on the same track, so to speak. If there is a lesson in that it is that the drugs barons realise they can transfer the proceeds into a form of tax evasion, which usually begins as tax avoidance. A deadly set of transitions, therefore, are all travelling on the same track. The failure to address tax avoidance and evasion creates the infrastructure for the more visible forms of the proceeds of drugs to be changed, even in regard to the arms trade. The literature also tells us something else that is significant, which forms the background to this legislation. This legislation is to give effect to the transposition of the third EU money laundering and terrorist financing directive into Irish law and also relates to the United Nations convention against transnational organised crime and Article 6 thereof. It tells us also that the movement of the money to which I have referred is finding a home more frequently in Europe in recent years than elsewhere. For example, the hot money is calculated on the basis of the US dollar-euro exchange rate, which has made it attractive for those wishing to operate in Europe. I therefore welcome that part of the Bill that refers to activities, both national and international. It is my hope that the international side will be addressed. I was recently looking at a book on this matter Raymond Baker, entitled Capitalism’s Achilles Heel, which advocates how capitalism can save itself. The Achilles’ heel to which it refers is corruption. When one reads that book, and I have looked at those figures that have come out, one finds a list of different things that happen. The area about which I have been concerned for some time is the cost of dirty money to some of the poorest states in the world. It is interesting to look at foreign affairs and the development area. How is it that one could have, for example, an increase in oil production 280 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage and oil sales out of the so-called liberated Russian economy post-1988 and at the same time have the average income deteriorating? The answer is corruption. Equally, one might ask why Nigeria does not move from the bottom six countries in regard to the international indicators while at the same time there is an export of more than 2 million barrels of oil a day. The answer is the same. It is fascinating how the international banking system has facilitated dirty money. If we take the example of Nigeria in the period between 1993 and 1998, during the rule of Sani Abacha, one of its most notorious dictators, who was educated in Sandhurst and where he got a reference that said he should not be promoted above colonel, he made himself a general and took over the running of the Nigerian economy. In his case, when the Swiss Government was approached and when Credit Suisse was eventually fined, it was found that he had 120 accounts in Switzerland, with a minimum of $670 million, with $650 million in Luxembourg and a further $100 million in Liechtenstein. His son would later be arrested with suitcases containing $100 million. There is abhorrent tendency, however, to view this an African style of behaviour. It is not, because it was the Swiss banks that were facilitating this. The same customer was able to use 23 banks in London to lodge $1.3 billion. In Mexico, Raúl Salinas was able to move $300 million into the western banking system, while in Indonesia the Suharto family moved between $15 billion and $35 billion. The Marcos family moved between $5 billion and $10 billion while in more recent times, it is calculated that Fujimori, during his period in office in Peru, moved $600 million. The interesting side of that is that all this money found a safe home in the western banking system. It includes institutions that would later become notorious when they turned to damaging their own citizens, such as Citibank and others. Researchers working in the area of international corruption have made another finding. The new technology that enabled money to be transferred in real time has been used principally by two groups, those interested in hot money and the drug industry. State systems have been trying to catch up with this technology that allows this money to flush through the world with disastrous consequences. It is calculated that letters that are sent out which ask people to provide their bank details in return for 20% or 30% of accounts lodged elsewhere secure returns of about $1 billion per year. A person would be asked to put up a few thousand dollars to get details. Many people have gone to Nigeria, sometimes without visas, ending up losing what they put up, but having to bribe their way out of the country. It gives me no pleasure to say this but when I looked into it I saw a need for an integrated approach through the Department of Finance and the nomination of directors to the World Bank and the International Monetary Fund to be able drive on Ireland’s reputation. That is why I welcome this legislation at the level of the European Union and internationally. This is the point of the structure of international capitalism in the post-technological era in which we live. Many people celebrated the 20th anniversary of what they refer to as the fall of the Berlin Wall and the collapse of the communist system. What has happened since 1989? The Russian mafia has taken over the resources of that country, operating initially as Manuel Castells work shows, by selling off the natural resources of the country to those who later became known as the oligarchs. It later moved to a position where resources were sold to their owners, an abuse of transfer pricing. Recently there has been a huge amount of money skimmed off the top. All of this is related. 281 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

[Deputy Michael D. Higgins.]

What does this mean? The Minister has a real difficulty. We are right to bring in this legislation, but it is only a small part of a larger problem which has clear interconnection. Let us pause and think about what this tells us. It tells us about Bernie Madoff, the international banking system, international regulation and the refusal of the World Bank and the Inter- national Monetary Fund to deal systematically with this issue. These institutions I have just mentioned, known as the Bretton Woods institutions, were at a particular time responsible to the Secretary General of the United Nations. If they had stayed within the remit of an institution responsible to the global community, anti-corruption measures could have been driven on globally. There are no global measures and only limited continental measures. Within the greater blocs, there are many multinational companies that are either before the courts or awaiting to be fined for their deals. It is entirely wrong to look at corruption from one side only. For every bribe taken on the continent of Africa, there is an executive from a western company handling the bribe. To their credit, there have been fines in the US courts for people handing out more than $100 million for contracts. People can find some of the details of these cases in Raymond Baker’s “Capital- ism’s Achilles Heel”, published by John Wiley and Sons in 2005. There are other issues. Often when corrupt money flows out of a country it comes back as foreign direct investment. Looking in detail at the investment that took place in Russia, Nigeria or other countries, this money often went out first in dubious circumstances before coming back under a different cloak. The international development bodies are unable to say what is clean foreign direct investment and what is recycled corrupt money. What does the west do? The International Monetary Fund and the World Bank lay down how poor countries must reschedule their debt repayments and accept conditions because the institutions regard the debts, loans and borrowings of the dictators who robbed their own people as debts that must be serviced by those who came after them. This is immoral but a topic on which people stay extraordinarily quiet. In this regard it speaks for itself given the different developing countries that were allegedly modelled on western development. I have said enough about Nigeria, but Indonesia would be similar, where the Suharto family ended up in 1992 with 16.6% of the entire market economy. There is a question political personages here, throughout the European Union and internationally must ask themselves, namely, are we helpless in the face of all of this and are our actions in any way adequate? Do we really want to change all of this? One should start with what we could examine, namely, the contaminated debt or the debt that should never be paid by citizens, who will be paying it at the cost of investment in health, education, clean water and so on, as is happening in many African countries. They are being required to continue to pay the debts ratcheted up by these people I have mentioned. It is calculated that in Russia, in 1988-89, the cost of what was looted out of the country was around \20 billion, and that it settled at about \20 billion a year for the following five years. In defining the consequences and the participants in such exploits, we need to realise that anyone who touches this money, whether to facilitate banking institutions or as regards borrowings and investment — the people who provide the professional shelters for its recycling — has to be hit. I want to be very positive about this legislation. It could be a small step towards reputational recovery. This is what we should do now. We should just move on and try to establish a reputation for Ireland as being strongly in favour of an accountable system. People should not just rely on my description of all of this. I have not said anything that Joseph Stiglitz has not said about the country I described, in relation to Nigeria. I am trying to be very fair. 282 Criminal Justice (Money Laundering and 19 November 2009. Terrorist Financing) Bill 2009: Second Stage

Switzerland is very slow to open up its system to any type of scrutiny. It should be put under relentless pressure, particularly by the European Union. As a person who often criticises some aspects of the foreign policy of the United States, I believe there have been prosecutions there. There is the 1970 Racketeer Influenced and Corrupt Organisations Act and the Treasury Department amended legislation under the Money Laundering Control Act 1986. There is the Money Laundering Prosecutions Improvements Act 1988 and then there is the deep form financial task force set up in 1989. It would be a better world, in terms of the 8% of GDP that has been lost by the continent of Africa and the real investment needed to create jobs and employment on the planet generally, if there was an international effort aimed at identifying hot money and dirty money and their consequences, through, for example, the Tobin tax, as suggested such a long time ago. It is also very urgent that we examine what is genuine debt and what is contaminated debt as regards the national financial institutions. I pay tribute to the Minister for introducing this legislation, but I strongly urge him to drive the thinking that must be at its core onto the Department of Finance. That Department, in turn, should present that thinking to the board of the IMF and to the World Bank, which are disgracefully silent on this issue.

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I thank the Deputies for their remarks and for their positive contributions. Some were not so positive, in that people were complaining about the delay in introducing the legislation, with the implicit suggestion that we did not have this type of legislation on the Statute Book already. We have very robust legislation. This Bill is attempting to transpose the latest and most modern legislation encapsulated in the EU directive. It is a significant legislative proposal. I agree with all the comments made by Deputies as regards the whole issue of laundering, generally, particularly money laundering. We must have ever-tighter controls because of the globalisation of financial transactions around the world. A number of Deputies mentioned the delay in bringing forward the legislation. Deputy Charles Flanagan has castigated us on the basis that the UK brought it forward sooner. The UK brought it forward by regulation, not by primary legislation. The Deputy would complain if we brought in something of this import by regulation. Given that it was primary legislation, we had to interact with the practitioners, the various designated bodies and, obviously, that took up considerable time. A number of Deputes wanted to know why gaming clubs were involved. As the House knows, I have been looking at the whole issue of gaming and we have a number of substantial reports. These private members’ clubs are locations where large amounts of money could be put through, and it is only right and proper that they should be among the designated bodies, and regulated. As regards the type of facilities to be regulated under the legislation, there is of course the wider issue of gaming and gambling to be considered. This will be done in other legislation, but given that this Bill was coming to its final throes of publication, I believed we should take the opportunity to include the private gaming clubs in that respect.

Deputy Charles Flanagan: What does the Minister mean, when he talks about the “final throes of publication”? The Bill is just on Second Stage.

Deputy Dermot Ahern: When I was coming to finally publish it, within the Department we were also looking at the issue of gaming and gambling, and obviously that legislation will be somewhat longer, particularly because of the lack of co-operation, with Fine Gael Members 283 Criminal Justice (Money Laundering and Terrorist19 November 2009.Financing) Bill 2009: Referral to Select Committee

[Deputy Dermot Ahern.] speaking out of both sides of their mouth, and because of the lack of co-operation by the Labour Party. I decided I had to introduce legislation and——

Deputy Charles Flanagan: I believe that it should be recorded — as it will be — that the Minister is talking about co-operation.

Deputy Dermot Ahern: That is what I inherited, but unfortunately when the Labour Party tried to suggest I was in favour of fixed odds betting terminals, Deputy Charles Flanagan decided to jump ship as well, much to the annoyance of some of his own members, one of whom was even going to be the chairperson.

Deputy Charles Flanagan: I was never on that ship, flying under rogue colours.

Deputy Dermot Ahern: Ask the Deputy who came to me and encouraged me to get on with it.

Deputy Charles Flanagan: No, we were never on that ship.

Deputy Dermot Ahern: The Garda has been constantly investigating the issue of money laundering and I am told that approximately 14,000 suspicious transactions were looked at last year. Some people have raised the issue of the politically exposed person. It does not apply to anyone residing in Ireland, but in any event the directive mandates us to implement this. The concept comes from the directive and will apply if there is some public knowledge of a person’s status as regards being involved in money laundering. Deputies Crawford and Durkan mentioned the issue of fines and sentencing. The point in relation to the provision dealing with the fact that money might be the proceeds of criminal activity is that it increases the likelihood of conviction for the offence because a person cannot say he or she was not sure the money was the proceeds of crime. A crime should be committed if the money was probably the result of the proceeds. I believe this to be a highly important provision. Deputy Higgins gave a number of examples of political figures who made large bank deposits. I refer to the Bill’s provisions regarding politically exposed persons who reside abroad. Under the Bill, the type of individuals mentioned by the Deputy would have enhanced customer diligence applied to them. The onus would be on the institution to make substantial due diligence when dealing with a transaction coming from such people. The beneficial owner of the money would have to be identified and, if necessary, a report made to the Garda, were there a suspicion that it was the proceeds of crime. This is a detailed Bill, which I greatly welcome. I am glad to have the opportunity to bring it before the House. I hope it can pass through Committee Stage and through the House as quickly as possible. I appreciate the general remarks made by Members on the other side of the House.

Question put and agreed to.

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009: Referral to Select Committee. Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I move:

That the Bill be referred to the Select Committee on Justice, Equality and Women’s Rights, in accordance with Standing Order 122(1) and paragraph 1(a)(i) of the Orders of Reference of that committee. 284 Priority 19 November 2009. Questions

Question put and agreed to.

Sitting suspended at 2 p.m. and resumed at 3.30 p.m.

Ceisteanna — Questions.

Priority Questions.

————

Overseas Missions. 1. Deputy Jimmy Deenihan asked the Minister for Defence if he has decided if participation in MINURCAT in Chad will continue beyond March 2010; if not, when he expects the decision to be taken; his views on this matter; the expected cost involved in the termination of participation in March 2010; and if he will make a statement on the matter. [42384/09]

Minister for Defence (Deputy Willie O’Dea): I offer Deputy Deenihan my sincere condol- ences on his recent bereavement. Despite the current difficult economic circumstances, the Government continues to support and commit resources and personnel, wherever it can, to support peace, security and development in troublespots throughout the world. Following on from Ireland’s participation in the EU-led mission to Chad, the mandate of which expired on 14 March 2009, Ireland’s initial commitment to the follow-on United Nations Mission in the Central African Republic and Chad, MINURCAT, is for a period of one year to 14 March 2010. Planned expenditure levels for my Department are being considered as part of the Estimates and budgetary process for 2010. This includes consideration of the McCarthy report. Decisions on all of the issues arising, including continued participation in MINURCAT and in other overseas missions, will be a matter for the Government in the context of the Estimates. Should the Government, in the context of the Estimates, decide to withdraw from Chad, the costs of the repatriation of troops and personnel from the now UN-led mission will be met by the UN. Certain additional costs arise to the defence Vote on an annual basis from participation in overseas missions. The additional annual cost for participation in Chad, net of UN reimburse- ments, is approximately \8 million per annum. As such, withdrawal from Chad would result in a net saving to the Vote of a similar amount.

Deputy Jimmy Deenihan: I thank the Minister for his expression of sympathy. If the Irish withdrew from the mission, would it make it unviable? It would certainly make it very difficult for the United Nations to continue with the mission as it stands. That there is a group in training to take over in March 2010 is an indication that the mission will be continued. It would be very unfair to the personnel in training if the mission were not continued. Will the Minister be more specific and make a greater commitment in the House in view of the fact that the savings accruing from withdrawing would be negated by the cost of bringing the troops and equipment back to Ireland?

Deputy Willie O’Dea: It is not that I do not want to be specific. I wish I could be but, as Deputy Deenihan will be aware, we are engaged in a very difficult Estimates process leading to the production of a budget on 9 December. With regard to the viability of the mission in the absence of Irish troops, it is true that the authorised maximum number of personnel for MINURCAT is approximately 5,200. There are only approximately 2,600 in the field at present. I agree with the Deputy that the loss of 400 285 Priority 19 November 2009. Questions

[Deputy Willie O’Dea.] experienced Irish troops, who have been in the field from the beginning as part of the EUFOR mission, would be a major blow to the mission in Chad. I do not agree that the savings to the Defence Forces would be negated by the cost of bringing the troops home. That would be the position if the troops were still under the aegis of EUFOR but they are now under the aegis of the United Nations. The UN will have to meet the cost of bringing the Irish mission home from Chad.

Deputy Jimmy Deenihan: Including equipment.

Deputy Willie O’Dea: Yes. I reassure the House that, because of the good work being done and the expertise being gained by the Irish troops, it is my preference that we continue in Chad. I am doing everything possible in the course of negotiations on the budget to ensure this outcome. However, I cannot give the House an absolute assurance.

Deputy Jimmy Deenihan: The response to the Irish mission has been very positive in the refugee camps in Darfur and the refugees themselves and their leaders are very anxious to have the Irish stay. Consider the Medevac facilities provided by the UN to ensure the mission will be well supported in terms of any evacuation that could occur, bearing in mind the possibility of an extension beyond March. Is the Minister happy with the level of facilities by comparison with the greater level provided when the mission was under the aegis of EUFOR?

Deputy Willie O’Dea: I am aware of the views of the locals the mission is designed to serve. I am very conscious that the NGOs and UN personnel would all love to see the Irish stay. There is a level-one medical facility in the Irish camp at Goz Beida and a level-two medical facility in Abeche. There is a dedicated Medevac helicopter located in Abeche on a 24-seven basis and there is a couple based in Goz Beida. The latter are not specifically for medical evacuation but can be used for this purpose in the event of an emergency. I am happy with the facilities.

Departmental Expenditure. 2. Deputy Brian O’Shea asked the Minister for Defence if the Defence Force payroll savings being sought by him will be achieved through retirements; if so, if he will maintain current rates of pay for serving members; and if he will make a statement on the matter. [42418/09]

Deputy Willie O’Dea: The Defence Forces have improved in every respect since 2000 through the implementation of the White Paper. This represents a significant public service success story and has been acknowledged by both the Taoiseach and myself. Arising from the White Paper on Defence, we have created modern, well-equipped Defence Forces capable of meeting the needs of the Government and the public and ensuring value for money. The White Paper on Defence set out a figure of 10,500 personnel for the Permanent Defence Force as the strength sufficient to deliver on the roles laid down by the Government for domestic operations and to provide a sufficient pool for rotation for overseas missions in addition to maintaining sufficient depth across the required range of skills. The strength of the Defence Forces at 31 October 2009 was 10,013. This reduction has resulted from the moratorium on recruitment and promotion in the public service introduced by the Government in March of this year. I am acutely aware of the impact of the moratorium on the Permanent Defence Force, particularly in light of the very high turnover rate that is 286 Priority 19 November 2009. Questions part of any military organisation. I am addressing the impact of the moratorium with my colleague, the Minister for Finance. The Deputy will be aware that discussions are ongoing with the public sector trade unions affiliated to ICTU about mechanisms to deliver the required savings of up to \1.3 billion in the public sector pay bill in 2010. Discussions are also taking place between officials of my Department and the associations representing members of the Permanent Defence Force in parallel. While I would not wish to anticipate the outcome of these various discussions, it is my view that any agreement reached will apply across all sectors of the public service. In the context of the adjustments required in 2010, I do not, therefore, foresee scope to offset a reduction in numbers against pay levels within the defence sector specifically. Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary processes for 2010. This will include consideration of the McCarthy report, and the decisions on all of the issues arising will be a matter for the Government. It would, therefore, be inappropriate for me to comment any further at this stage pending the outcome of these deliberative processes.

Deputy Brian O’Shea: I find that answer somewhat disappointing. It is obvious that more than 500 members will have left the Defence Forces by 31 December. The Government’s target of having a payroll cut of 6.85% will be achieved because the figure of 500 — the true figure will be in excess of this — is one eleventh, or approximately 9%, of the full complement. Therefore, the saving will be more than achieved. If an organisation such as the Defence Forces achieves the cut the Government seeks, why can it not be treated in isolation as a special case?

Deputy Willie O’Dea: I have told the Deputy my opinion, namely, that reductions in public sector pay must be applied across the board. Admittedly, they must be applied in a way such that those who can bear them most will bear them most and that there will be as little impact as possible on those who can bear them least. I have made the point to the Minister for Finance that, because of the high turnover in the Irish military, as with any military, the moratorium has hit the Army very hard. The complement has reduced to 10,013. Nevertheless, the Army is in good shape and is well trained and well equipped. It is lean and mean and a far better organisation than it was before the White Paper was implemented. However, I am concerned by the precipitative drop in numbers, particularly over the past nine months. I made proposals to the Minister for Finance to allow me scope to recruit, not solely at the level of enlisted personnel, and also to make promotions and recognise certain people acting in positions above their rank. We have almost reached a conclusion on those deliberations. I spoke to the Minister about it as late as yesterday and today. We will have reached a conclusion before 9 December. I am conscious of the importance of the Army’s role both at home and abroad. My aim in these difficult budgetary discussions is to maintain operational capability in the Army and command arrangements.

Deputy Brian O’Shea: From what the Minister said, it appears that despite how well a particular Department, organisation or agency performs in terms of reducing numbers and achieving saving targets, the Government’s approach will be an across-the-board cut, albeit that it may be less at the lower levels. That appears to be what the Minister is saying. The Minister indicated that his talks with the Minister for Finance reached conclusion today. Does that mean he has reached agreement?

Deputy Willie O’Dea: No, I said that we have almost concluded our deliberations. We have until just before the budget and we will have reached a conclusion before then. I agree with Deputy O’Shea that the Defence Force is the only public sector organisation in the country 287 Priority 19 November 2009. Questions

[Deputy Willie O’Dea.] where numbers have fallen in the past ten years. I have pointed that out to my Government colleagues and I am putting forward that as a consideration when we are discussing the savings that will apply to the defence sector. Let us make no mistake, however, all sectors have to play their part. I am simply trying to get recognition for what has been achieved already. I hope that will be the case.

Defence Forces Recruitment. 3. Deputy Jimmy Deenihan asked the Minister for Defence the number of posts within the Defence Forces vacant due to the moratorium as of 1 November 2009; the number per brigade and by service; if he has been requested by the Chief of Staff or others in the Defence Forces to vary the nature of the moratorium in view of the impact it is having on the functioning of the Defence Forces; and if he will make a statement on the matter. [42385/09]

Deputy Willie O’Dea: The White Paper on Defence of February 2000 sets out a figure of 10,500 personnel for the Permanent Defence Force comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 for the Army. I am advised by the military authorities that the strength of the Permanent Defence Force as at 31 October 2009 was 10, 013 broken down as follows: 807 for the Air Corps, 1,031 for the Naval Service and 8,175 for the Army. On 31 October 2009 the difference between the authorised strength of the Defence Forces and the actual strength was therefore 487. The distribution of these vacancies between the various formations is being managed by the Chief of Staff on an ongoing basis. The detailed breakdown between the various formations is not immediately available and can be forwarded to the Deputy if required. I am acutely aware of the impact of the moratorium on the Permanent Defence Force, particularly in light of the very high turnover rate that is part of any military organisation. I am monitoring that impact on an ongoing basis in conjunction with the Chief of Staff and my departmental officials. Specific requirements have been identified and I am in ongoing contact with my colleague, the Minister for Finance, regarding limited exceptions to the moratorium, which are targeted at maintaining the operational capability and command arrangements of the Permanent Defence Force. To date, I have obtained sanction to fill a number of key posts, including Deputy Chief of Staff, operations, two brigadier-general posts and director of military prosecutions as well as achieving agreement to recruit 42 cadets for which the competition has been recently run. In addition, sanction was granted for 42 acting appointments for our mission to Chad and 20 for Kosovo. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government at home and overseas. The Defence Forces have improved in every respect since 2000 through the implementation of the White Paper. This represents a significant public service success story. However, the economic reality is such that the defence organisation must contribute to the correction of the public finances. I intend, with the support of the Chief of Staff and within the resources available, to retain the capacity of the organisation to operate effectively across all roles. Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. That will include consideration of the McCarthy report and the decisions on all of the issues arising will be a matter for the Government.

Deputy Jimmy Deenihan: The Minister has more or less accepted that the continued extension of the recruitment and promotions ban is affecting the operational efficiency of the organisation to some extent. He is no doubt aware that staff are acting up to a level for which they are not qualified. The services are being carried out on a must-do basis because of legal and 288 Priority 19 November 2009. Questions personnel requirements. The operational efficiency of the organisation is currently affected. Those persons who were due for promotion before the moratorium should be entitled to be promoted. Did the Minister indicate that there would be a recruitment drive for the Permanent Defence Forces next year, and that he would get that concession to make up for the approximately 500 members he has lost to date?

Deputy Willie O’Dea: I am aware of the difficulties the moratorium is causing, not just in the Defence Forces but in other parts of the public sector. It is a necessary measure to bring the public finances back into order, which everyone agrees should be done. The moratorium has hit the Army particularly hard because there is a high level of turnover in any military organisation. The problems adverted to by Deputy Deenihan have been brought to my attention. That is why I have asked the Minister for Finance, first, to recognise certain acting-up appointments, second, to allow me to go ahead with a certain number of promotions, including in those instances to which Deputy Deenihan referred and, third, to allow me to start recruiting now to the Permanent Defence Forces so that the numbers do not drop any further, as they inevitably will unless we proceed with some recruitment now. Our discussions have not concluded yet, but I have made the strongest case possible to the Minister for Finance. I have spoken to him on a number of occasions and the matter will be concluded shortly. I do not wish to pre-empt what the conclusion will be but the Deputy knows my aims.

Deputy Jimmy Deenihan: Given that the Army probably will be called in next Tuesday in a significant way, is the Minister satisfied that the personnel is available to it at this stage in spite of the lack of recruitment and promotion to meet the tasks the Government might assign next Tuesday? Is he satisfied the necessary capacity is available?

Deputy Willie O’Dea: I am advised by the Chief of Staff and the Army command that the Army remains fit for purpose for whatever duties might be assigned to it either at home or abroad.

Defence Forces Equipment. 4. Deputy Jimmy Deenihan asked the Minister for Defence the cost of new riot gear bought in 2009 for use by the Defence Forces; the reason for buying the new gear in 2009; if the buying of new riot gear is related to fears of civil disturbances here in the immediate future; if the Defence Forces have received additional training over and above that normally provided with regard to peace support missions abroad; and if he will make a statement on the matter. [42455/09]

Deputy Willie O’Dea: The primary responsibility for the maintenance of law and order rests with the Garda Síochána. The Defence Forces, pursuant to their role of rendering aid to the civil power, assist the gardaí as required in a range of duties, which include the provision of troops for cash escorts, prison escorts and the provision of military guards at a number of vital installations. As part of the aid to the civil power role, the Defence Forces continues to maintain an anti- riot capability in order to meet a contingent and operational capability at home and overseas respectively. The Defence Forces Annual Training Plan provides for training in a broad spectrum of such aid to the civil power related activities. This training plan also includes riot control training and the maintenance of stand-to parties for the purpose of rendering assistance to the Garda Síochána at demonstrations and marches, if such assistance is sought by the gardaí. 289 Priority 19 November 2009. Questions

[Deputy Willie O’Dea.]

It is essential, therefore, that all military personnel involved in such training be suitably equipped from the health and safety perspective. In that regard, the provision of suitable personal protective equipment for the Defence Forces is a matter which is kept under review in my Department and the procurement of a range of equipment for use by the Defence Forces for training on aid to the civil power duties and for overseas service was undertaken this year. The equipment included the acquisition of personal protective equipment for use by the Defence Forces in public order and crowd and riot control operations at home and overseas. This equipment affords protection for personnel from the threats of airborne thrown missiles, hand held weapons and from violent physical contact. In addition, protective shields and batons were also acquired for the Defence Forces to replace existing stocks, which had not been replenished for a number of years. The total expenditure on the equipment this year is \344,000 inclusive of VAT. I can confirm that the purchase of this equipment was planned as a replacement programme due to fair wear and tear of equipment during normal training and is not related, as the Deputy asks, to any fears of civil disturbance in this country in the immediate future. The equipment is required to enable the Defence Forces to train and carry out its roles at home and overseas to the highest possible international standards and best practice. The purchase of this equipment is a small element of an overall equipment modernisation programme which has seen tremendous strides made in the equipment now available to Defence Forces personnel at all levels to cover the varied roles they are engaged in on a daily basis.

Deputy Jimmy Deenihan: I welcome the Minister’s clarification of the question about the issue of being involved in aid to civil power in certain circumstances. Regarding aid to civil power, will the Minister confirm if the group on emergency planning, for example, which will be critical next Tuesday, has met this year and, if so, the number of times it met? Also, what role does the Minister envisage the Army having next Tuesday in the event of being needed for fire services, even in this House, by local authorities, in prisons and so forth? Are contingency plans in place that will avail of the Defence Forces in certain circumstances next Tuesday?

An Leas-Cheann Comhairle: That is expanding the nature of the question, which is about the purchase of riot gear.

Deputy Jimmy Deenihan: It is to do with aid to civil power.

Deputy Willie O’Dea: The Army has two roles domestically — aid to the civil power, which we have been discussing, and aid to the civil authority, which means the Army can be called in in the event of an emergency. The emergency planning committee meets approximately once every month or six weeks; a meeting is due to take place in the next week or so. The last meeting was three or four weeks ago. There are long-standing arrangements in place and liaison between the Army and the various emergency services. The Army will be available if required, as it usually is in the event of an emergency, in its role as being able to be called on as an aid to the civil authority as opposed to as an aid to the civil power. Aid to the civil power is a matter of whether the gardaí want the Army’s assistance.

Deputy Jimmy Deenihan: Has the Minister addressed this problem specifically? There could be chaos in this country next Tuesday. As Minister for Defence, has the Minister examined the role, in terms of emergency planning and the Government interdepartmental working group, 290 Priority 19 November 2009. Questions that the Army may have to play? Has he not even considered that or does he believe the Army will have a role next Tuesday?

Deputy Willie O’Dea: I do not immediately see a role for the Army next Tuesday but we have looked at that. Arrangements are in place whereby the Army can be called upon if needed. There are well-known lines of authority in that regard and long-standing arrangements which can be put in place.

Overseas Missions. 5. Deputy Jimmy Deenihan asked the Minister for Defence if his attention has been drawn to the report by the Comptroller and Auditor General which has highlighted the failure to follow proper procurement guidelines in obtaining the helicopters for the Chad mission and the inability of the aircraft to carry passengers; and if he will make a statement on the matter. [42329/09]

Deputy Willie O’Dea: I can assure the Deputy and the House that I am fully aware of the audit report by the Comptroller and Auditor General into the leasing of helicopters by the Defence Forces for Chad and I am advised that the findings of the report have been accepted in full by my Department. The findings outlined by the Comptroller and Auditor General are broadly in line with the findings of the investigation carried out by the internal audit unit of the Department of Defence, which was finalised in February 2009. It is important to take into account the overall context in which the issues regarding the contracting of the helicopters occurred. The deployment and sustainment of the Defence Forces contingent to Chad was the most challenging logistics project ever undertaken by the Defence Forces. The unprecedented extent and nature of the deployment meant that the project was a very important learning exercise for the Defence Forces. Overall, the very difficult task of deploying and sustaining the Irish Battalion has been accomplished in a very professional manner. Given the remoteness of the Irish Battalion’s base in Goz Beida, the absence of a road infrastructure, the isolation anticipated during the rainy season and the considerable distance from the nearest hospital, the need for comprehensive helicopter support was recognised from the outset. The authority to procure air support for the Defence Forces, including helicopters, was delegated to the Chief of Staff. A contract was signed by the Defence Forces at the end of May 2008 with a UK company, Air Partner, for the charter of two Mi-8T helicopters for use in Chad. The two civilian registered helicopters arrived in theatre in Chad on 28 June 2008. The contract duration was originally scheduled for ten months and was subsequently extended by a further six months. In late September 2008, a question arose on the certification of these helicopters for transport of passengers. On further investigation, it was discovered that the helicopters were classified as cargo carrying only in the air operator certificate. The issue was a regulatory and licensing issue relating to civilian registered helicopters and did not reflect in any way on the safety, technical or operational capacity of the helicopters. Pending the resolution of the matter, the helicopters were restricted to cargo transport only for a period of time. The certification matter was resolved when the company replaced the helicopters with two other helicopters, which were appropriately certified at no additional cost to the Department. The new helicopters became operational in January 2009. 291 Priority 19 November 2009. Questions

[Deputy Willie O’Dea.]

In purely operational terms, the contracted helicopters performed well in service and provided vital support to the Defence Forces. The requirement for the helicopters was very much a real one. Even when their use was temporarily restricted in 2008 while the certification issue was being resolved, the helicopters continued to fill an important role by providing logistic support. They remained available as emergency cover for casualty evacuation. They continued, therefore, to provide an essential capability throughout the period.

Additional information not given on the floor of the House The findings and recommendations in the Department’s internal audit report have been fully accepted and acted upon. First, the procedures for delegating authority to military personnel generally have been reviewed and strengthened. This was done by a thorough review and amendment of the delegation instruments by which the Secretary General of my Department delegates budgetary control and responsibility to the Chief of Staff. In addition, the terms of reference of the civil-military high level planning and procurement group have been revised to ensure that all procurement decisions are monitored at the point of decision to go to tender and before contract award. Finally, the military authorities have provided additional training to military personnel on procurement procedures, and further courses have been and will continue to be scheduled on a regular basis.

Deputy Jimmy Deenihan: I want to ask the Minister a number of specific questions. Why was only one charter company approached with regard to the leasing of helicopters for the mission? Also, why was the advice of the contracts branch in his Department, which was given in March 2008, that the existing framework agreement did not make provision for helicopter lease ignored? Also, why was Air Partner asked to more or less evaluate its own documentation which effectively meant that the tenderer was involved in evaluating its own proposal? There should have been expertise within the Defence Forces and the Air Corps to do that entire task. Those are three specific questions. What procedures have been put in place to ensure that similar problems will not occur in the future? Have such procedures been put in place and, if not, when will that be done?

Deputy Willie O’Dea: Deputy Deenihan asked the reason only one company was approached and the normal tendering process not undergone. As I was not personally involved in this, nor were the civilian staff in my Department — this was done by the military — I can only try to guess what happened. To put the matter in context, we were going into a position which, for reasons I have outlined in my reply, air support was essential. We had 400 troops in the middle of the desert in one of the most logistically difficult countries in the world, with a road infrastructure of approximately 300 km in a country which is double the size of France. Air support was essential. When we joined the EUFOR mission our understanding was that our partners in the EUFOR mission would supply the requisite air support, and we literally found ourselves let down at the last minute. I am not saying things were done right because there was a rush, but this may explain the reason things were not done right. The people involved in this have put their hands up. The internal report conducted by my Department was reinforced by the Comptroller and Auditor General’s report and found that there was fault in the way the contract was placed. We admit that and we regret it. The Chief of Staff wrote to me apologising for what happened. The normal procedure would be that we should have a proper tendering process, and various people tender. What should have happened also, as Deputy Deenihan 292 Other 19 November 2009. Questions rightly states, is that the Air Corps should have been consulted and the business case should have been put in writing to be evaluated by the high level group. Deputy Deenihan asked what was done. A number of things have been done. The moment this matter was brought to our attention we revoked the authority to carry passengers. For three months, the company was restricted to the terms of its air certification, namely to carry only cargo to supply the troops. It was, however, available for medical evacuation purposes in the event of an emergency. We instituted an internal inquiry through the audit section of my Department. The new procedures mean that the method by which authority is delegated to the military for performing specific tasks has been tightened up considerably. There will be no doubt in future about who has the delegated authority and the scope of that authority. The high level 4o’clock military civilian procurement group will now examine and monitor these contracts when they go to tender rather than just before the contract is to be placed. It will occur at a much earlier stage in the process, which will enable more discussion and evaluation. This type of procurement was relatively new to the Defence Forces and they have since received further training in procurement procedures. They will be wiser in future.

Deputy Jimmy Deenihan: Has any consideration been given to the internal authorisation limits? At the moment, they are \750,000, whereas this was \3 million. Has consideration been given to increasing those limits so people will be able to authorise contracts for more than \750,000 at this level?

Deputy Willie O’Dea: I am almost fully certain that the limit has been raised to \1 million.

Other Questions.

————

Defence Forces Strength. 6. Deputy James Bannon asked the Minister for Defence the services to the State which are going to be affected by the fact that the Defence Forces have downsized by 18% following the implementation of the White Paper and are now 500 below strength; and if he will make a statement on the matter. [42201/09]

Deputy Willie O’Dea: The White Paper on Defence 2000 charted an ambitious modernisation agenda for the defence organisation. The White Paper built upon previous reforms, including those introduced in the Defence Forces review implementation plan. The downsizing of the Permanent Defence Force from 11,500 to 10,500, arising from the implementation of the White Paper, allowed for the re-balancing of the pay to non-pay ratio of the Defence Forces to 70:30. The proceeds of pay savings were necessarily re-invested in equipment and infrastructure. In addition, the Government agreed that the proceeds of property sales would also be made available for re-investment in the Defence Forces. A wide range of other recommendations included in the White Paper were subsequently implemented. The net effect of this reform agenda has been a significant improvement in the capabilities of the Defence Forces and overall a more efficient and effective defence organisation. The defence and security environment has continued to evolve over the period since publication of the White Paper. The defence organisation has adapted to this changed environment. The additional workloads from the establishment of the Office of Emergency Planning and the 293 Other 19 November 2009. Questions

[Deputy Willie O’Dea.] evolution of European security and defence policy, have all been met from within existing resources. Overseas, UN peace support operations have changed, with an increased reliance by the UN on regional organisations such as the EU and missions with more robust Chapter VII mandates. This has driven the requirement for greater interoperability with high tech European armies. The Defence Forces have met these exacting standards and are now partners of choice for nations involved in such missions. The recent deployment to Chad, the most challenging logistical operation that the Defence Forces have undertaken to date, highlights the significant progress that has been made. This is in addition to the ongoing delivery of high quality services at home. The reforms within the Defence Forces are widely acknowledged as a public service success story. The Defence Forces have delivered all services required of them since publication of the White Paper. Notwithstanding the success of the White Paper, we are now in challenging times. The economic reality is such that the defence organisation must contribute to the correction of the public finances. The report of the Special Group on Public Service Numbers and Expenditure Programmes recommended a reduction in Permanent Defence Force numbers by 500, to be achieved over a two to three year period “as operational requirement allow”. In March of this year, the Government introduced a moratorium on recruitment and promotion within the public service. I have been in contact with my colleague the Minister for Finance with regard to targeted exemptions from the moratorium. There are higher turnover levels in the Defence Forces relative to other areas of the public service and this is normal for military organisations. Due to this higher turnover level we have now reached a strength level of 10,013 with effect from 31 October 2009. Planned expenditure levels for the Department will be considered as part of the Estimates and budgetary process for 2010. This will include consideration of the special group’s recommendations, the impact of the moratorium and the delivery of defence services. This matter is subject to an ongoing deliberative process which will conclude shortly.

Deputy Jimmy Deenihan: The Minister mentioned the Office of Emergency Planning. Can he confirm how many times the office has met this year? Has it met specifically under the direction of the Minister and the Government task force to discuss possible events next Tues- day? The Minister mentioned the possibility of a plan for next Tuesday. Can he reassure the House on the plan?

An Leas-Cheann Comhairle: The question relates to the downsizing of the Defence Forces.

Deputy Jimmy Deenihan: The downsizing will affect the effectiveness of the Defence Forces on Tuesday.

An Leas-Cheann Comhairle: I admire the Deputy’s ingenuity in expanding the question.

Deputy Jimmy Deenihan: Is the Minister satisfied with the supports that exist for the Prison Service, the Fire Service and for local authorities in case of flooding? There is major flooding across the country today and local authority staff are dealing with it. If something similar happens on Tuesday, will there be people there to deal with emergency situations? The Mini- ster does not seem to have thought about emergency planning for Tuesday. 294 Other 19 November 2009. Questions

An Leas-Cheann Comhairle: I am anxious to facilitate the Deputy but we cannot have a debate that does not feature on the Order Paper.

Deputy Willie O’Dea: If the Chair admires Deputy Deenihan’s ingenuity, I am in awe of it. We must, however, clear up what we are talking about. The Office of Emergency Planning is a permanent office in the Department. Deputy Deenihan is referring to the task force on emergency planning.

Deputy Jimmy Deenihan: It is part of it, it chairs the task force.

Deputy Willie O’Dea: It does not, I chair the task force. The Office of Emergency Planning services the task force. That office is always there. I will get the information on the number of times the task force has met this year.

Deputy Jimmy Deenihan: Has the Office of Emergency Planning met on a number of occasions or does it meet all the time?

Deputy Willie O’Dea: It is a permanent office staffed by civil servants. The task force comprises meetings of representatives from the different Departments with the Garda Síochána, the Defence Forces and the emergency services. It has met several times this year, I will get the exact number for the Deputy. The Office of Emergency Planning is well aware of the situation that might pertain next Tuesday. There are established procedures whereby the Army can be called upon for back-up by various providers of emergency services. Those procedures are in place. The emergency planning office is well aware of them and if the Army is needed in any capacity on Tuesday, it will be available to assist.

Deputy Brian O’Shea: What does the Minister anticipate the strength of the Defence Forces will be on 31 December? In the context of the cutbacks, what will be the operational strength of the Defence Forces in the short to medium-term? Will it be 10,000?

Deputy Willie O’Dea: I would have to guess how many people would leave the Army between now and 31 December, I do not know. We are getting near the 10,000 level. Even the McCarthy report recommends a minimum of 10,000 to be achieved over a two or three year time scale but we are already there. I would like not the Army to drop under 10,000. That is why I have asked for permission to recruit extra personnel. I would like to get permission from the Department of Finance to keep the numbers as close as possible to 10,500 as possible. That was the figure indicated in the White Paper as being the optimum number needed to carry out the task the Army has to do both at home and abroad, to provide sufficient numbers on rotation for foreign missions, given that we are committed to providing up to a maximum of 850 troops abroad at any one time. That requires enormous back-up. I have made my representations and I am hopeful I will succeed.

Deputy Jimmy Deenihan: This is a very serious question. In view of the fact that some military personnel are now operating above their rank, could there be a potential health and safety issue in this regard? Is the Minister satisfied there is no health and safety issue as regards such people giving advice, direction and orders, effectively executing a role that is above their normal rank?

Deputy Willie O’Dea: No such matter has been brought to my attention, but I am aware there are a number of difficulties due to the fact that people acting above their rank are not being recognised as such. I have addressed this matter out in some 42 cases in relation to the 295 Other 19 November 2009. Questions

[Deputy Willie O’Dea.] Chad mission and 20 cases with regard to the Kosovo mission, where people are actually in the field. I am also trying to address this problem at home and in this regard I have made proposals to the Minister for Finance to the effect that a certain number of back-up appointments should be recognised.

Army Barracks. 7. Deputy Michael Noonan asked the Minister for Defence the number of barracks closed since January 2008 which remain unsold; if alternative State uses have been completed for vacant barracks; and if he will make a statement on the matter. [42263/09]

11. Deputy Dan Neville asked the Minister for Defence the number of vacated and vacant Defence Force barracks still in State ownership as of 1 November 2009; the cost of maintenance and security of the said barracks; if a cost benefit analysis was performed to compare costs produced by the closures compared to the costs that would have arisen had the barracks remained functional; and if he will make a statement on the matter. [42257/09]

Deputy Willie O’Dea: I propose taking Questions Nos. 7 and 11 together. The closure of barracks and the consolidation of the Defence Forces formations into a smaller number of locations is a key objective of the White Paper on Defence. The dispersal of personnel over an extended number of locations is a major impediment to essential collective training. It also imposes increased and unnecessary overheads on the Defence Forces in terms of barrack management, administration, maintenance and security. The consolidation process is designed to facilitate higher training standards, while also freeing up under-utilised resources and personnel for operational duties. In the context of the 2009 budget, the Government approved the closure of four barracks at Monaghan, Longford, Rockhill and Lifford in County Donegal, and also St. Bricin’s Hospital in Dublin. The four barracks closed at the end of January 2009. The closure of St. Bricin’sis linked to the planned decentralisation of Defence Forces headquarters to the Curragh. Following the closures, my Department contacted all other Departments to enquire if they or the agencies operating under their aegis wished to acquire any of the properties. Arising from that process, there have been ongoing discussions between my Department and Longford and Monaghan VECs, the Department of Education and Science and the Garda authorities in respect of the former barracks. These discussions are now at an advanced stage and will, I hope, be concluded shortly. Those premises that are not required by other State agencies or Departments will be advertised for sale by way of public tender. With regard to costs arising from the closures, most of the costs at the level of the individual soldier are once-off or short-term costs arising from payment of change of station allowances and the provision of transport on a temporary basis. Actual expenditure on change of station allowances can only be determined once all claims have been received and processed. While some claims have been received, a number of personnel have not yet submitted a claim. As a result, the full cost is not yet available. The evacuation and movement of personnel and equipment from the closed barracks to the new locations was completed using Defence Force transport and, as such, no substantive additional costs were incurred in the move. Since being closed, the costs incurred to date in 2009 at Monaghan Barracks are as follows: utilities — \17,500; provision of security — \3,462. The costs in relation to Longford are: maintenance and repairs, etc. — \7,075; utilities — \8,546; provision of security — \1,530. The costs for Rockhill are: maintenance and repairs, etc. — \9,220; utilities — \5,065; provision of 296 Other 19 November 2009. Questions security — \5,754. The costs for Lifford are: maintenance and repairs etc. — \7,900; utilities — \2,822; provision of security — \2,128. The cost of providing additional building work and renovations at the receiving barracks to allow for the accommodation of troops moving to their new locations amounted to some \470,000. It is anticipated that further expenditure of \1.8 million will arise for the provision and upgrading of some accommodation and locker facilities in the receiving barracks. Apart from the non-financial benefits of the closures, the costs mentioned will be more than off-set by recurring annual savings estimated at \2.6 million a year, mainly on security duties, utilities and maintenance costs. This does not take into account the proceeds from the sale of the four barracks. In addition to the four barracks closed in January the former McGee Barracks in Kildare remains in the ownership of my Department. This is the subject of a separate question. No expenditure is being incurred in respect of this barracks at present.

Deputy Jimmy Deenihan: Will the Minister clarify who is providing maintenance in these barracks at present? What is the position on security at the various barracks? Has the Minister or his Department had reports of any anti-social behaviour at the barracks? The question on McKee refers to that, I appreciate. He mentioned VECs, but has the Minister had any approaches from community groups or has he encouraged any such approaches or offers regarding the uses of any property?

Deputy Willie O’Dea: With regard to individual firms, I believe the security contracts were put out to tender, but I do not know the names of the firms who tendered. However, I will get them for the Deputy. On the question of anti-social behaviour, I have received complaints regarding McKee Barracks, but there is a separate question on that which we shall come to shortly. In relation to community groups I have made it clear that if they want to submit a bid or approach us, we shall be willing to listen. No community group has been directly in contact with me, but I cannot say whether any have approached the Department. I have told the Department to look favourably, if possible, at any such representations from community groups.

Deputy Brian O’Shea: With regard to Longford barracks, will that be sold to the VEC and the Garda at full market price or is there a different mechanism for disposing of it? With regard to the other barracks and St. Bricin’s being put out to tender, is there an indication that there is a market of any kind for them at present? Essentially, is it intended to put them out to tender soon or is it envisaged waiting for an upturn in the market, if such should happen in, say, the medium term? It strikes me that if they go to public tender, they might be sold for very small sums and in these circumstances might not necessarily be developed but remain derelict. I am seeking an assurance that when they are disposed of, this will be done on the proviso the sites will be developed, so that we do not have derelict buildings in perpetuity.

Deputy Willie O’Dea: That is a fair point. With regard to the Deputy’s first question about the barracks that are being sold to other State agencies, VECs, etc., the procedure will be to have valuers employed by the Department to give a proper valuation on these properties. That is the price we charge, essentially. On the question of whether there is any great indication at the moment re St. Bricin’sor other properties that might be available such as McGee Barracks in Kildare, there short answer is there is not. I take the Deputy’s point that if one sets up a public tender at the moment one will probably get a very bad price. The Department is disposed to hold on to see whether the market improves. The Deputy’s point is very valid. There is the possibility if they are put out to tender that some speculator could purchase them at a very low value and leave them there 297 Other 19 November 2009. Questions

[Deputy Willie O’Dea.] in the hope that property values could increase, while allowing them to go derelict. That is a very real fear and we shall bear it in mind. We had intended to wait until the market improved.

Deputy Jimmy Deenihan: I refer to an article that appeared in one of the national news- papers today in which the Minister made a commitment to the effect that there will be no further barracks closures in this year’s budget. Can the Minister confirm this was an accurate report that emanated from either the Department or the Minister himself?

Deputy Willie O’Dea: I wish to make it clear to the House that it did not emanate from me. My view on barracks closures is that the Government is committed to the idea of collective training and obviously, the fewer units one has, the more people will be trained collectively. I acknowledge there has been much difficulty and angst on foot of the recent barracks closures. My approach is to let things settle down. Consequently, the question of barracks closures certainly is not immediately on the agenda for the time being.

Commemorative Events. 8. Deputy Kieran O’Donnell asked the Minister for Defence if the current fiscal and budgetary crisis will result in Defence Forces participation in State ceremonies being reduced or withdrawn; the cost of involvement in such State ceremonies; and if he will make a statement on the matter. [42269/09]

Deputy Willie O’Dea: The State ceremonies in which the Defence Forces have participated in the current year to date include the Easter Sunday commemorative event, the 1916 Arbour Hill commemoration ceremony, the national day of commemoration, the national Famine memorial day, presentation of credentials to the President, state visits by prime ministers and foreign Heads of State and state visits by the President, both inward and outward. Participation of Defence Forces personnel at the annual commemorative events and in their role in support of the President are a small but important part of the duties of the Defence Forces. As the personnel are drawn from the cadre of the Defence Forces, no additional costs arise which would not otherwise be incurred in the normal course with the exception of the transportation of troops to the ceremonial location. The costs of such transportation are not compiled separately by my Department. The support given to the President in respect of the programme of state travel, both visits abroad and incoming, and the acceptance of the credentials of ambassadors to Ireland is a matter for the Government. The President acts in these matters on the advice of the Govern- ment and the arrangements are made by the Government in accordance with the generally accepted international practice. On the other hand, preparation for annual commemorative events involves liaison with a variety of Departments, State bodies and individual organisations. The level of support provided by the Defence Forces is determined by the nature of the event. Discussions have already begun between officials in my Department, the Defence Forces and officials from the Depart- ment of Community, Rural and Gaeltacht Affairs on the national Famine memorial day which is to be held in Mayo next May. Officials from my Department and Defence Forces personnel are represented on the interdepartmental committee which organises the annual Easter Sunday event that commemorates the 1916 Rising. Detailed planning for this event usually starts early in the first quarter of each year. Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. The scale and level of participation at each ceremonial event 298 Other 19 November 2009. Questions will be determined by the availability of resources. However, I do not envisage any change in the existing arrangements.

Deputy Jimmy Deenihan: I welcome the Minister’s response. It is important that the country should see its Defence Forces as much as possible and their participation in events such as 1916 commemorations serve to heighten the importance of such events. I have stated previously that Defence Forces participation raises the sense of occasion. It also demonstrates to the people that while the Defence Forces may be small in numbers, they are highly efficient and, in the Minister’s words, are lean and mean. In themselves, they make a statement for the country. In particular, it is important to put our best foot forward on occasions when dignitaries visit and the Defence Forces do so. Can the Minister provide an assurance that the existing services being provided by the Defence Forces will be retained in State ceremonies? In addition, does the Minister envisage an extension of their role to other parts of the country apart from Dublin, particularly in respect of 1916 commemorations? Might there be a possibility in the future for people from different communities to see the Defence Forces in parade at some major events?

Deputy Willie O’Dea: I do not envisage an extension or expansion of such activities at present. However, I do not envisage any reduction either. As for 1916, Deputy Deenihan is aware the Government is planning for the centenary. It is a slow process and the next meeting of the long-term planning committee will be held on 2 December. As the Deputy is aware, 1916 is now commemorated on an annual basis. This is done in a short ceremony which involves the reading of the Proclamation, the laying of a wreath by the President and the raising of the flag. This again will be the procedure next Easter. However, I appreciate and take on board the points made by Deputy Deenihan on the importance of such ceremonial events, as well as his comments on the Defence Forces and their participation therein and I will pass them on.

Deputy Brian O’Shea: In his reply, the Minister did not mention St. Patrick’s Day parades and Defence Forces participation therein. May I take it from his most recent reply that there will be participation in St. Patrick’s Day parades by the Permanent Defence Force and that the usual large contingent will go to Limerick?

Deputy Willie O’Dea: I have had representations from many parts of the country regarding participation in St. Patrick’s Day parades and I have asked the Army to be as generous as possible. In addition to taking part in the aforementioned official events, the Army also takes part in many civic events such as shows, aerial displays etc., as well as sometimes providing tents for organisations that are holding meetings. While the Department naturally must now monitor such activities due to our straitened circumstances, I assure Deputy O’Shea that I will continue to be as generous as I possibly can and I certainly will not turn down any request simply because it happens to come from Waterford.

Ministerial Transport. 9. Deputy Seán Barrett asked the Minister for Defence his plans to sell one of the two Government jets in view of the fact that ministerial air transport has reduced significantly; and if he will make a statement on the matter. [42206/09]

Deputy Willie O’Dea: The ministerial air transport service, MATS, provides the Government and the President with an independent flexible and effective air transport service to assist in meeting national and international obligations. The service is primarily provided by the Gulf- stream IV and Learjet 45 aircraft, which were specifically acquired for that purpose. The Gulf- stream IV was acquired in December 1991 and has accumulated more than 12,000 flying hours 299 Other 19 November 2009. Questions

[Deputy Willie O’Dea.] to date. The Learjet entered service in January 2004 and has accumulated more than 2,000 flying hours to date. The Learjet 45 was purchased as a replacement for the Beechcraft Super King Air, which continued to be used until January 2009 as a backup aircraft for the MATS, in addition to its primary role as a pilot training aircraft. However, it is no longer available for ministerial air transport or any other taskings and there is effectively no fixed-wing back up to the dedicated MATS aircraft. The Learjet 45 has the capacity to carry seven passengers and is tasked with short and medium-haul missions to the United Kingdom and Europe. The Gulfstream IV has the capacity to carry 14 passengers and can be tasked with long-haul missions to destinations such as the United States, Africa and the Middle East, as well as to European destinations. All requests for ministerial air transport are subject to the authorisation of the Taoiseach, taking into account several factors. These include the necessity to undertake the engagement, the amount of notice received, the demands of the particular schedule, the availability and suitability of other travel arrangements, overall cost considerations, the numbers in the delegation and security considerations. The stringent criteria which have always applied ensure that only justified travel is undertaken on MATS and this continues to be the case. The demand for ministerial air transport, allied with the advantages it provides, continues to justify the requirement for a service provided by two aircraft. To date in 2009, more than 100 missions have been completed, including missions to the United States, South America, the Middle East and Chad on the Gulfstream IV, as well as missions to Egypt and Sudan on the Learjet, along with missions to the United Kingdom and Europe. The Gulfstream IV and Learjet 45 aircraft also perform a range of non-MATS taskings, such as humanitarian, air ambulance and military transport missions. There are no plans at present to dispose of the Gulfstream IV or the Learjet 45 and any future decision in this regard is a matter for the Government.

Deputy Jimmy Deenihan: I note that in 1998, for example, Government aircraft flew 261 missions, while last year they flew 191 missions. To date in 2009, which is almost at an end, there have been just 100 missions. The fact that demand is falling makes one wonder whether there is a need for two Government jets in this time of financial difficulty, on which the Minister so often lectures us even when answering questions on defence matters. Has the Government conducted any review in the past year, under the direction of the Taoiseach, of the use of the Government jets? There must be a direction from somewhere because the missions have been reduced. Ministers are not using them to the extent that they did at one stage. There is obviously no policy to sell off one of the jets but is there one to reduce their use? Are Ministers obliged, or advised, to use scheduled flights?

Deputy Willie O’Dea: The Deputy said that I occasionally lecture the House on matters of finance. My lecturing days are long behind me. I do not lecture now, I inform. The jets would be called wasting assets for the purpose of capital gains tax. Deputy O’Shea pointed out the undesirability of selling fixed property due to the bad market conditions. I do not imagine there is a good market for a Government jet, particularly one that has clocked up 12,000 flying hours. An island nation that is now thankfully at the centre of Europe, conducting trade and maintaining diplomatic relations all over the world, surely needs its own mode of transport. The Government of the Czech Republic has its own aircraft and somebody told me lately that the Government of Cameroon has acquired its own aircraft. The need is obvious. It gives us flexibility because we can use military airfields which brings us closer to our destinations and we are not stuck with the fixed schedules and timetables etc. 300 Other 19 November 2009. Questions

In response to Deputy Deenihan’s question about Government policy I am looking at the figures. Usage is down on last year although we have not reached the end of this year yet. I suppose people are looking more closely at alternative means of transport. Ryanair does not fly to Chad so if I go to visit the troops I have no option but to use the Government jet. Maybe some people take the view that even if it is more inconvenient they will use commercial transport. All Departments have been directed to be as prudent as possible, not just in their use of the Government jet but in all matters involving the expenditure of State resources, which is reflected in the reduced usage of the Government jet.

Deputy Brian O’Shea: I take the point that this is not the time to dispose of either of the jets but Deputy Deenihan’s question is valid. Are they both required? Could ministerial travel not be scheduled in such a way that one jet would be sufficient? One could be put into mothballs which would bring down costs. Has that option been considered?

Deputy Willie O’Dea: We continue to consider all options. The Government jets are not used only for ministerial transport. They are also used in air ambulance missions, for example, the latest figures available to me for 2008 show that the Air Corps completed six search and rescue missions and 87 air ambulance missions, which is significant. The initial figures I have received for 2009 show that those figures have not diminished. The jets are put to several uses. We will continue to review the situation.

Deputy Jimmy Deenihan: Has the possibility of renting out the jets to private organisations to raise funds or subsidise their use been considered? It may in some circumstances be a useful way to make money given that the Taoiseach has said we must consider all options and get more for less.

Deputy Willie O’Dea: To my knowledge that has not been considered.

Deputy Jimmy Deenihan: Will the Minister consider it?

Deputy Willie O’Dea: Maybe now that the Deputy has mentioned it.

Defence Forces Deployment. 10. Deputy Andrew Doyle asked the Minister for Defence the role played by the Defence Force in the process that led to the release of a person (details supplied); and if he will make a statement on the matter. [42249/09]

Deputy Willie O’Dea: The concern felt by the nation at the news of the capture of Ms Sharon Commins and her colleague Hilda Kawuki by rebels in Sudan in July of this year was mirrored in equal amounts by the joy felt on their release in October. My colleague, the Minister for Foreign Affairs, when considering the range of options open to him to bring this matter to a safe conclusion, requested the assistance of the Defence Forces. This assistance was sought as part of the broad range of assistance provided to him through his own Department at home and abroad, through the Department of Justice, Equality and Law Reform and an Garda Siochána. The role of the Defence Forces was to provide general advice to the Minister for Foreign Affairs having regard to their operational experience gained from overseas missions. This necessitated a small number of officers travelling, in rotation, to Sudan to advise Department of Foreign Affairs diplomatic staff. The Air Corps provided pilots and ancillary staff for the Government jet. In addition medical personnel were dispatched to Sudan on Ms Commins’ release for the purpose of accompanying her home. 301 Other 19 November 2009. Questions

[Deputy Willie O’Dea.]

The Minister for Foreign Affairs was at all times the lead Minister in this matter. It is not the practice of my Department to release detailed information on any specific military mission. I wish Ms Commins well in her future endeavours and I pay tribute to the exemplary performance of all those who served the State in this delicate matter.

Deputy Jimmy Deenihan: I join with the Minister in recognising the role that the Minister for Foreign Affairs and all other organs of the State played in this matter. I understand, however, that members of the Defence Forces played a critical role in liaising with the Euro- pean Union and the United Nations. Some had served with the UN in Ethiopia and the Sudan and were familiar with the local politics, personalities and physical terrain there. They were very effective in their liaison role. That should be recognised. The Minister can probably not say what they did but if people serve the country well it should be recognised.

Deputy Willie O’Dea: The Defence Forces played a crucial role in this matter and the Mini- ster for Foreign Affairs and his Department have communicated their appreciation of that. We are always available to assist in any way we can when called upon to do so.

Deputy Brian O’Shea: I too wish to be associated with the tributes to the Minister for Foreign Affairs and all those elements of the State’s service which played a role in the release of Ms Commins and her aid worker colleague. The role that the Defence Forces can play in such a situation is not generally appreciated. I am pleased to acknowledge that today and to compliment the Minister and the Defence Forces on the useful role they played in the happy outcome to this particularly dangerous event.

Deputy Charlie O’Connor: I welcome the opportunity to be associated with the remarks already made. Maybe we should ask the Minister to send the troops to Paris to get justice there. I raised the issue of the two GOAL volunteers because I have had a long association with GOAL, particularly through my involvement in community games. I am delighted about what happened. I compliment the Minister for Foreign Affairs. I read an article in a Sunday newspaper which suggested the Army’s Ranger Wing had been dispatched to deal with the issue. Will the Minister comment on this because that type of mischievous reporting does not help in such cases? I wish the Minister continued success with his endeavour. I remain a big fan.

Deputy Willie O’Dea: An article appeared in the Irish Mail on Sunday on 27 September 2009 stating members of the Army Ranger Wing were on the ground in Sudan as part of the Government’s efforts to free Ms Commins. On 25 September in response to queries received from a journalist on the previous day, 24 September, representing that newspaper, the journalist was advised specifically, unambiguously and categorically that no members of the Army Ranger Wing were on the ground in Sudan working on any ongoing efforts to free the kidnapped aid worker. Despite this the newspaper printed an erroneous story on 27 September that there were Army rangers on the ground. Subsequently, when the matter was brought to the newspaper’s attention, it issued a correction stating the original error arose due to a misunderstanding. I cannot understand how anyone, even the Irish Mail on Sunday, could misunderstand the simple word “No”.

Question No. 11 answered with Question No. 7. 302 Adjournment 19 November 2009. Debate Matters

Army Barracks. 12. Deputy Pádraic McCormack asked the Minister for Defence if control of the former Magee Barracks, Kildare, County Kildare has been handed back to his Department; if so, his plans to ensure the barracks does not continue to be a blight on the townscape due to its dilapidated condition and the anti-social behaviour that takes place there; and if he will make a statement on the matter. [42233/09]

Deputy Willie O’Dea: The Government decided on 1 July 2003 that the former Magee Barracks in Kildare town would be among the State lands released to Kildare County Council for inclusion in the sustaining progress affordable housing initiative. My Department has been involved in the process of transferring ownership to Kildare County Council with the final contract of sale being sent to the solicitors for Kildare County Council earlier this year. However, in light of the recent significant changes in the housing market and the associated implications for affordable housing, the Minister for the Environment, Heritage and Local Government is reviewing the affordable housing initiative and will be bringing proposals to the Government presently. The Magee Barracks site is being considered in that context. The project board established to oversee the development of the site via a public private partnership has recently concluded the site cannot economically be developed at this time for the purposes of the affordable housing initiative. My Department will consider the future of the site in the light of any decisions reached by the Government. In the meantime, arrangements are being made to enhance the security of the site.

Deputy Jimmy Deenihan: From the information I have received, the site has become derelict and a blight on the townscape while also attracting much anti-social behaviour. It has become an embarrassment to the Defence Forces and local authority. Will the Minister assign responsibility for cleaning up the site, making it presentable and safe? Is there some way the site can be screened off so that it does not continue to be a centre for anti-social behaviour?

Deputy Willie O’Dea: The difficulty is that the Department was meant to hand this site over to Kildare County Council, which would be responsible for it. It has decided — or is on the point of doing so — not to proceed to take legal delivery of the site and to hand it back to the Department. I have already given an instruction to my Department to take the appropriate measures to cleaning up the site and securing it with fencing.

Written Answers follow Adjournment Debate

Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Thomas P. Broughan — the need to protect aviation industry jobs in north and west Dublin and in the mid-west; (2) Deputy Eamon Scanlon — the proposed closure of the Stiefel plant in Sligo; (3) Deputy Aengus Ó Snodaigh — the payment of the Christmas bonus to recipients of social welfare payments; (4) Deputy Martin Ferris — the loss of jobs at the BERU plant, Tralee, County Kerry; (5) Deputy Róisín Shortall — with the ongoing public concern about the levels of crime, its impact on local communities and the leniency of some sentencing, the urgent need for the Minister for Justice, Equality and Law Reform, as promised in the programme for Government, to provide in law for the long-promised judicial sentencing commission and ensure it is established without further delay; (6) Deputy Mary Alexandra 303 Job 19 November 2009. Protection

[An Leas-Cheann Comhairle.] White — the methodology to replace the culling of badgers as part of the bovine TB eradication programme; (7) Deputy Chris Andrews — the planned incinerator at Poolbeg, Dublin. The matters raised by Deputies Thomas P. Broughan, Eamon Scanlon, Chris Andrews and Mary Alexandra White have been selected for discussion.

Adjournment Debate.

————

Job Protection. Deputy Thomas P. Broughan: I welcome the opportunity to finally debate the critical threat to Aer Lingus jobs and our national strategic aviation connectivity. I have asked for this debate on this matter at least six times over the past three weeks. However, it is deplorable the Minister for Transport is not in the Chamber to respond to my questions. The threat to jobs and working conditions at Aer Lingus is now serious. Aer Lingus management has reportedly set a two-week deadline for agreement on a \97 million per annum cost- cutting plan which includes the astonishing loss of 676 jobs in Dublin, Cork and Shannon. This terrible news comes after an incredible direct haemorrhaging of several thousand aviation jobs over the past 18 months including at SR Technics, the Dublin Airport Authority and Ryanair. The loss of another 676 jobs, including 489 pilot, cabin crew and ground staff and 187 back office jobs, at Aer Lingus will be a hammer blow to communities in Dublin, Cork and Shannon already under severe pressure. I am sure most colleagues have heard from Aer Lingus workers who are shattered at the current proposals from Mr. Colm Barrington, chairman of Aer Lingus, and Mr. Christoph Mueller, chief executive officer. Aer Lingus staff believe the current management plan could see pay cuts of up to 40% for remaining workers. IMPACT cabin crew representatives this afternoon told the Oireachtas Joint Committee on Transport that the new terms would see new cabin crew start on as little as \16,754 per annum, rising to an incredible \18,754 per annum. This is the yellow-packing of jobs at the airline. Everybody, including staff and their representatives, acknowledges the massive difficulties in the aviation sector and the large and often painful changes that are taking place in this industry. The merger announced last week between British Airways and Iberia is an example of this. Aer Lingus management has posted losses of \93 million in the first half of this year when traffic volumes increased but fares fell. It has also blown \400 million of its cash horde in incredible bad management decisions. The global and domestic recession has significantly impacted on the aviation industry. The suspicion remains, however, the current turmoil in the industry may be used by the new Aer Lingus management team to implement a savage and severe programme of cutbacks. There is already a disturbing move towards outsourcing at the company with the use of Astraeus crews on Aer Lingus planes flying out of Belfast. Will the Minister enlighten us on the use of Astraeus airlines by Aer Lingus and how the terms and conditions of Astraeus crews differ from those of Aer Lingus workers? What did the Minister know about this development? Staff rightly fear this is the start of their replacement by contracted staff on massively reduced pay and working conditions.

304 Job 19 November 2009. Protection

More disturbing is the so-called Project Greenfield as devised by Mr. Christoph Mueller and Mr. Colm Barrington. A core part of this proposal is the transfer of Aer Lingus to the UK aviation register. More surprising is the fact that Ryanair is not on this register but the Irish one. Aer Lingus, in effect, will become primarily a British-based airline on the UK Civil Aviation Authority register with a negative impact on jobs and connectivity in Ireland. Has the Minister been briefed on Project Greenfield? Did he approve it through the three Aer Lingus directors he appointed to the board? Two representative of Aer Lingus management told the committee on transport an hour ago that the Minister supports the loss of 676 jobs at Aer Lingus with the reduction of pay and working conditions for the 3,000 remaining workers. This will mean immense hardship for the people of north Dublin, Meath, mid-Leinster, Shannon and Cork. It is incredible that the Minister would support this and that Irish tax and legal social obligations could potentially be at least partially avoided at a company where the State has a 25% stakeholding. Aer Lingus staff have already made many sacrifices through the implementation of a series of previous cost-cutting plans. In 2008 staff proposed 4% to 8% pay cuts and some senior and higher paid staff worked without pay for up to four weeks in order to protect key US routes including the Shannon to JFK route. It is unacceptable that the Ryanair and Irish Ferries model would be applied to Aer Lingus workers. This is a Ryanair takeover of Aer Lingus by stealth. Will the Minister explain in simple economic terms how Aer Lingus can run a transatlantic and global aviation operation on Ryanair-style, short-haul terms and conditions? The Minister for Transport has the key responsibility for the 25% state stakeholding in Aer Lingus. He must immediately direct the Government’s directors on the board to oppose current outsourcing practices, Project Greenfield and associated plans. The Minister and the Govern- ment must recognise the key employment and connectivity role of Aer Lingus in Ireland’s core national interest, a role it has played in the past 70 years. The Minister for Transport, Deputy Dempsey, must stop this race to the bottom by Aer Lingus, which is becoming a pale imitation of Ryanair, because if this continues the company will have no future.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): This matter has been referred to the Department of Enterprise, Trade and Employ- ment as it relates to jobs. I wish first to brief the House of the overall situation in regard to the aviation industry before dealing with the issues in regard to Aer Lingus. The Deputy will be aware that the Tánaiste, on behalf of the Government, has taken a proactive role during this year to maximise and retain our skills base in the aviation sector following the decision by SR Technics to cease operations at Dublin Airport. Following that decision, the Government’s priority was to take all possible steps to maximise the potential of the skills base and infrastructure at Dublin Airport and to retain as many jobs as possible in the sector. The Tánaiste, therefore, immediately tasked IDA Ireland and Enterprise Ireland to work with SR Technics and other interested parties to find the best possible outcome for Dublin. The two State agencies then engaged additional aviation sector expertise and set about establishing a team to market the Dublin operation internationally through their overseas office network. They received a total of 16 expressions of interest in the facility, each of which were contacted to evaluate their level of interest in the operation and to encourage and, where possible, assist them in putting forward investment proposals to take over all or part of the operation. 305 Company 19 November 2009. Closures

[Deputy Dara Calleary.]

In addition, SR Technics received more than 30 direct expressions of interest in the operation, subsequently receiving five bids from interested parties for parts of the business. I understand that following this process SR Technics subsequently negotiated and reached a provisional agreement with a bidder for the sale of the APU and landing gear assets. However, it transpired that the bidder planned to remove the assets from the country, which would have had a terminal effect on the continuation of a maintenance, repair and overhaul, MRO, business in Dublin. Following direct intervention by the Tánaiste, a reversal of that decision by SR Technics was secured and a subsequent bid from Dublin Aerospace Limited, an Irish based company, for the APU and Landing Gear assets was accepted. The Government, through Enterprise Ireland, assisted that bid. On 2 September, the Tánaiste formally announced the establishment of Dublin Aerospace Limited as a new aviation maintenance provider at Dublin Airport. The company plans to provide 226 jobs within five years with the support of the Government through Enterprise Ireland. Dublin Aerospace Limited aims to establish a best-in-class MRO facility at Dublin Airport, servicing APUs, landing gear, base maintenance and training. I should also point out to the House that the garage business unit of SR Technics has been successfully taken over by the M50 Truck and Van Centre, who secured the Airside vehicle maintenance contract from SR Technics. In addition, I understand that SR Technics is to continue to operate the line maintenance contract for Aer Lingus until such time as a suitable alternative operator is identified and agreed as acceptable by both companies. I want now to refer directly to the issues raised by Deputy Broughan in regard to Aer Lingus. In terms of the ongoing restructuring of Aer Lingus, it is clear that the company intends to make a significant number of redundancies across its operation. My Department has to date been notified of redundancies of 676 employees, including ground services, cabin crew and pilots. These redundancy levels are on the basis of agreement being reached on the company’s proposed restructured business model. I understand that portions of these are also to be achieved through the outsourcing of various activities at the airline. This is, as pointed out by Deputy Broughan, understandably a difficult time for the employees of Aer Lingus to be affected and I understand that engagement between management and the unions is ongoing. A sustainable Aer Lingus operation based in Ireland and competing with other airlines for business to and from Ireland is in the best interests of Irish passengers, the Irish economy and airline employees in the long term. I draw the Deputy’s attention to the statement made during the week by the National Implementation Board and to my response to a parliamentary question on legislation to protect employees which was tabled by another Deputy. I assure the Deputy that the Government remains fully committed to the aviation sector and to supporting a vibrant air passenger operations based in Ireland.

Company Closures. Deputy Eamon Scanlon: I welcome the opportunity to raise this matter on the Adjournment. Last week, GlaxoSmithKline announced it was ceasing its operations in Sligo and would be making redundant 250 employees redundant over the next three years. Stiefel which commenced operations in Sligo in 1975, some 34 years ago, has been a reputable company and has provided great employment down through the years but is now proposing to make 250 employees redundant. 306 Company 19 November 2009. Closures

The announcement of the closure of Stiefel and the resultant redundancies came as a hammer blow. At the same time Abbott Ireland in Sligo announced it proposed to make 40 employees redundant. Abbott Ireland is also an excellent employer, employing 1,100 people. The Stiefel plant was purchased in July 2009. It would be wrong if multinational companies were allowed to buy out the opposition and later close those factories. I acknowledge that GlaxoSmithKline employs approximately 1,500 people in this country at their Dublin and Cork plants. However, this type of trend should not be permitted. I am not suggesting that that is what happened in this case but, that a company bought out in July 2009 has now announced its intention to cease operations at that plant is, to me, suspicious. I call on the Minister to bring together the IDA, Enterprise Ireland, Sligo Chamber of Commerce and Sligo Enterprise Board to work to ensure this excellent and modern factory is reopened. All that can be done should be done to attract into Sligo a new manufacturing company which could provide employment for the excellent staff of Stiefel. I call on the Mini- ster to ensure this is done as soon as possible. There are a number of empty factories in the IDA business park in Sligo. There is no doubt but that Sligo is suffering like every other region in the country. The immediate availability of these factories must make the task of attracting business into the area a lot easier. The temporary employment subsidy scheme was established to support manufacturing companies which employ more than ten people. I ask that this scheme be extended to cover small indigenous companies who employ more than ten people, such as in the hotel and motor business. These businesses need support in the current climate. It would be better for us to support these people in their current employment rather than have to support them through social welfare and so on. I know the people concerned would prefer to be working. I call on the Minister to consider introducing a scheme to support indigenous companies.

Deputy Dara Calleary: I thank the Deputy for raising this matter on the Adjournment and for his contact on the Stiefel and Abbott Ireland issues since the announcements were made last week. As the House will be aware, on 11 November GlaxoSmithKline announced that it intends to cease its operations at its Stiefel plant in Sligo. However, this will not happen for another four years. The eventual planned closure will result in the loss of 220 permanent and 30 temporary positions. The proposal, as set out by Deputy Scanlon, has been made as part of an overall global review of the Stiefel business following its acquisition by GSK in July 2009. GSK has stated that this in no way affects its other operations in Ireland, to which the company remains fully committed. The company states that the proposal is the result of under-utilised capacity not alone across the Stiefel network but across the network of GSK sites. Production will continue at the Sligo site until all products are transferred to alternative facilities within the GSK manufacturing network. FÁS will be in contact with the company to discuss the services available 5o’clock to meet the potential needs of employees. Each response will be tailored on a case by case basis. The FÁS services to business unit will be also involved in these consultations. Sligo County Enterprise Board and Enterprise Ireland will also offer their full range of services to assist any workers considering business start-ups. As the House will be aware, Sligo has traditionally been a centre of manufacturing. However, over recent years it has proved challenging to maintain and attract foreign direct investment, particularly in manufacturing, as much of this investment is now going to low-cost destinations such as eastern and central Europe and China. 307 Waste 19 November 2009. Management

[Deputy Dara Calleary.]

At present there are 19 IDA Ireland-supported companies in Sligo, with 2,273 people in full- time employment. IDA Ireland’s current strategy for County Sligo and the north west includes the development of a knowledge economy so that the region can compete both nationally and internationally for foreign direct investment, in particular as a key location for investment in globally traded business and financial services. There have recently been some positive announcements in this regard. The strategy also involves working with and expanding the existing client base in the region and providing modern property solutions with supporting infrastructure, as mentioned by Deputy Scanlon. The Minister met representatives of IDA Ireland this week and discussed the matter in detail. She has asked the agency to increase its efforts to attract and retain industry in the region. The Minister has also asked the State development agencies to work closely with the county development board in assisting with the local response to the planned job losses. She will also meet representatives of GSK to discuss the matter further. I will consider Deputy Scanlon’s comments and suggestions with regard to the employee subsidy scheme and report back to the House.

Waste Management. Deputy Chris Andrews: I am pleased to have the opportunity to speak on the Adjournment and I welcome the presence of the Minister for the Environment, Heritage and Local Govern- ment. Since it was first proposed, both the Minister and I have vigorously opposed the proposal to locate an incinerator at Poolbeg in Dublin. One does not need to be an engineer to see that it does not make any sense to put an incinerator in what is effectively a large cul-de-sac. The proposed Poolbeg incinerator, which will be Dublin’s first municipal waste incinerator and one of the largest such facilities in Europe, was granted planning permission by An Bord Pleanála in November 2007. In December of last year, the proposed facility was granted a licence by the EPA. The concerns of the local community about this facility are well known, with over 3000 objections registered with An Bord Pleanála. This week, the Irish Waste Management Association, IWMA, which represents almost 95% of private waste management collections in Ireland, released the findings of an independent report commissioned to examine the need for the proposed waste incinerator at Poolbeg. The results of this report make worrying reading and reinforce the Minister’s own point that this facility could end up costing the taxpayer up to \18 million per year over the next 20 years. We must ask ourselves what we are thinking of in allowing the local authority to impose this extra tariff on the taxpayers of this country. The proposed plant has capacity to treat almost 600,000 tonnes of waste. Under the current contract, which was negotiated by Dublin City Council, the State is required to supply 320,000 tonnes of waste annually to the plant. If this is not reached, the State will be charged almost \90 for every tonne not supplied. The council has said it is taking the long view, but by the time this incinerator reaches its capacity of 600,000 tonnes it is likely, given the considerable progress in research, that new technology will be in place. The cost to the State of not supplying waste is a deterrent to recycling and composting. Its is also potentially anti-competitive to allow one operator to have such control over the market, and it could prove very costly to the taxpayer if these targets are not met. Having to transport waste from the rest of the country to fill the incinerator would, in environmental terms, be robbing Peter to pay Paul, and would negatively offset any proposed benefits. I have made my opposition to the incinerator well known, and this report further compounds my concerns. I do not believe Poolbeg is the correct location for a facility of this size and scale. 308 Waste 19 November 2009. Management

The increased traffic flow into the region will cause further congestion in an area that is already at saturation point. It is similar to a car park in the mornings and evenings. Dublin Bay itself is an area of high conservation importance and is legally protected under both the EU habitats directive and the EU birds directive. Specific sites of conservation importance include the Liffey and Tolka Estuaries and Sandymount Strand, all immediately adjacent to the proposed development. The incinerator is bound to have a negative impact on these amenities. The Minister is committed to reviewing the capacity of the incinerator. If the capacity is found to be incorrect, I urge the Minister to make the appropriate changes and reconsider the future of the plant.

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I thank Deputy Andrews for raising this issue. As the Deputy is aware, waste management infrastructure projects are advanced by private sector service providers or by local authorities, generally by way of a public private partnership. It is a matter for the promoters of such projects to seek and obtain the necessary regulatory approvals — that is, planning permission and a waste licence. In carrying out their functions, the planning authorities, including An Bord Pleanála and the EPA, which deals with waste licensing, act independently of the Minister. The approved capacity of individual facilities is a matter for determination through these processes, as provided for in the Planning and Develop- ment and Waste Management Acts. Since taking office I have continually stressed the twin environmental priorities of dealing with climate change issues and ensuring we take the necessary steps in managing our waste. We must explore the full range of technical solutions as well as modifying our behaviour in support of sustainable waste management. Undue emphasis on incineration as the cornerstone of waste management policy is detrimental to the development of alternative solutions. While incineration may well have a role in our future waste management strategy, I do not believe it will be on anything like the scale that was previously envisaged. As a first step in my approach to modernising and reorienting the waste management sector, I arranged for an international consortium of consultants to undertake a comprehensive study on the waste sector, covering a wide range of issues which will help identify how best to proceed with further efforts to reduce waste levels, improve recycling rates and deliver equitable and cost-effective waste management solutions. Earlier today I published the consultants’ report. This will be the launching pad for putting in place the policies that we now need to mark a new departure in our approach to waste management. I will bring proposals to Government which will ensure the proper ordering of the waste collection and wider waste management market. This in turn will provide the context in which many of the other recommendations contained in the report can be addressed. I wish to provide certainty for those in the waste management sector and a framework within which the necessary legislative changes can be brought forward. With regard to the capacity of the proposed incinerator, it is my understanding that the quantities of residual waste currently being collected by the Dublin local authorities would not be sufficient to meet the put-or-pay requirement referred to by the Deputy. We have recently seen further increases in recycling rates in Dublin, with a corresponding drop in residual waste volumes. It is important to note that the recommendations of the report published today, which I intend to implement, will have the effect of further reducing the volumes of residual waste generated and driving more waste towards recycling. I am therefore concerned that the proposed incinerator will prove to be seriously oversized, and indeed that a liability for the rate- payer and taxpayer may ultimately arise. In these circumstances I have decided that the most appropriate course of action is to appoint an authorized person under section 224 of the Local 309 Bovine Disease 19 November 2009. Controls

[Deputy John Gormley.] Government Acts to conduct a full review of this project. It remains open to Dublin City Council to engage with my Department to discuss how the project might be brought into line with the emerging reality of the waste market and waste policy generally.

Bovine Disease Controls. Deputy Mary Alexandra White: I wish to raise this matter to find out more definitively what replacement methods are proposed for the culling of badgers with more effective and humane methods of control, as set out in the revised programme for Government. My concern is that the current method of control, a stopped-restraint, is a euphemism for an ugly snare which can have the effect of causing intense suffering to the badger. This decade alone has seen more than 50,000 badgers snared or removed by trapping. My understanding is that a vaccine is being developed. However, until the delivery of that vaccine thousands more badgers will suffer horribly in this manner. My area in south Carlow is one of the chosen areas where a licence has been issued to the Department of Agriculture, Fisheries and Food under Part 3(d) of the Wildlife Act 1976, Approved Traps and Snares Regulations 2003, which stipulates that a stopped body restraint must be used when capturing badgers. I understand also that 30 such licences were issued in 2008. What will happen in the meantime before the vaccine comes on stream? Will the Depart- ment continue to use this brutal form of snaring? If every badger in the country were wiped out I do not believe tuberculosis would be stopped. Although the badger is seen as one vector, or carrier, for TB, mycobacterium bovis, other animals such as deer, dogs or cats may also be carriers. We must eradicate TB, not the badger, and must find ways of doing this. An answer to a parliamentary question revealed the total cost of the eradication programme for the 11 years from 1997 to 2007 to be approximately \414.47 million. That staggering figure excludes administration costs, travel and subsistence. When one adds in those costs, based on a figure for 2006 of \33.8 million and multiplies that by 11 one gets a further \371.8 million. The total approximate spend in eradicating TB over 11 years is \786.27 million. My point is that we have had these extraordinary costs, coupled with the cost of taking out the badger at a cost of \12.79 million, and still have not controlled bovine TB. In the meantime, a gentle unobtrusive nocturnal mammal is being wiped out. We are the only country to allow such methods at present. I would support caged trapping to be used as a more humane method of control until the vaccine comes onstream.

Minister of State at the Department of Agriculture, Fisheries and Food (Deputy Trevor Sargent): Ba mhaith liom buíochas a ghabháil leis an Teachta as an ceist tábhachtach seo a árdú. I shall investigate the feasibility of the cage trapping described by Deputy White after delivering my reply. A considerable amount of research which has been conducted over the years both by my Department and elsewhere has shown that the eradication of bovine TB is not a practicable proposition in the short to medium term because of the reservoir of infection in wildlife, particularly among badgers, which seeds infection into the cattle population. The published results of the four-area project carried out in counties Cork, Monaghan, Donegal and Kilkenny in the late 1990s and the early years of this decade demonstrated that there was a significant reduction in TB levels in cattle following the removal of badgers. In particular, the total number of herd restrictions in the removal areas for the study period was almost 60% lower than the pre- study period. In view of this research, the bovine TB eradication programme implemented by my Depart- ment contains a comprehensive wildlife strategy in order to limit the spread of TB from badgers 310 Bovine Disease 19 November 2009. Controls to cattle. Under this strategy, badgers are captured under licence issued by the Department of Environment, Heritage and Local Government wherever they are implicated in an outbreak of TB. Capturing is undertaken only in areas where serious outbreaks of tuberculosis have been identified in cattle herds and where an epidemiological investigation carried out by the Depart- ment’s veterinary inspectorate has found that badgers are the likely source of infection. In addition, approval to capture a sett is contingent on the total area under capture nationally being maintained below 30% of the agricultural land in the country. With regard to the animal welfare aspect of badger culling, my Department continually monitors damage and injury to badgers captured under this programme. Badgers are captured using a specifically designed stopped-body restraint by trained farm relief service contractors, who are monitored and supervised by staff of the Department of Agriculture, Fisheries and Food. The restraints used in the capture of badgers are approved under section 34 of the 1976 Wildlife Act and are specifically designed with a ’stop’, so as not to tighten beyond a predeter- mined point. All restraints are monitored daily and any badgers are removed within a maximum of 24 hours of capture. A condition of the licence granted is that restraints are checked before noon the next day. Capturing of badgers is not permitted during the months of January, February and March in new capture areas. Research undertaken by the centre for veterinary epidemiology and risk analysis, CVERA, in UCD has shown that damage or injury to captured badgers is either non-existent or minimal while in the stopped restraint. The recent programme for Government included a commitment that the Animal Health and Welfare Bill, currently being drafted by my Department, will include provisions relating to the replacement of culling with more humane and effective methods of control. The Deputy will be aware of this, given her close involvement with that negotiation. The preference — and our intention — would be to replace culling with a vaccination programme. With this in mind, my Department has been collaborating for some years with CVERA in UCD on research into a vaccine to control tuberculosis in badgers and break the link of infection to cattle. Research to date has demonstrated that oral vaccination of badgers in a captive environment with the BCG vaccine generates high levels of protective immunity against challenge with bovine TB. It is now necessary to undertake research to establish whether this protective effect exists in field conditions and my Department, in conjunction with UCD, has commenced work on a three-year field trial in County Kilkenny that is designed to assess the impact of vaccination on badger to badger transmission of tuberculosis in a natural environment. This trial involves vaccinating several hundred badgers over three to four years, with continuous monitoring of the population to assess the impact of the vaccine on the incidence of disease in the vaccinated and non-vaccinated control badger populations. Success in the field trial will eventually lead to implementation of a vaccination strategy as part of the national TB control programme. However, it will be some years — 2013 at the earliest — before the benefits of a vaccine can be seen and therefore targeted badger removals will continue in the medium term. My Department is satisfied that the introduction of the badger removal policy has contributed to a reduction in the incidence of TB in recent years. In this regard, it is noteworthy that the incidence rate of new herd breakdowns has fallen significantly between 2000 and 2008. The average number of reactors removed in the five-year period 2002-08 was, at just over 26,000, 26% lower than in the preceding five-year period. In addition, reactor numbers have remained below 30,000 per annum since 2002, the longest period since the 1950s and while a number of factors were involved, it is likely that the enhanced badger removal strategy, which was implemented from 2004, is a factor in this. 311 The 19 November 2009. Adjournment

[Deputy Trevor Sargent.]

In effect, this strategy is a pragmatic response, based on sound science, to a complex problem. In pursuit of our objective, my Department is involved to a research project with UCD on the development of a vaccine for use in badgers that would lead to a reduction in the current high levels of TB infection in that species. It is hoped that this strategy will, in the longer term, reduce the need to cull TB infected badgers as tuberculosis levels fall in both cattle and badgers.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 24 November 2009.

312 Questions— 19 November 2009. Written Answers

Written Answers.

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The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].

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Questions Nos. 1 to 12, inclusive, answered orally.

Overseas Missions. 13. Deputy Charlie O’Connor asked the Minister for Defence if the Defence Forces and military authorities are reviewing the threat assessment in Afghanistan in view of recent violent incidents there; the roles and functions carried out by Irish troops serving in Afghanistan; if security measures there have been stepped up; and if he will make a statement on the matter. [42169/09]

Minister for Defence (Deputy Willie O’Dea): Ireland has participated in the International Security Assistance Force (ISAF) in Afghanistan since 5 July 2002, following the Government Decision of 2 July 2002, authorising the provision of seven (7) members of the Permanent Defence Force for service with the force. Since then, the Government has reviewed and approved, on an annual basis, the continued participation by seven (7) members of the Perma- nent Defence Force in ISAF. On 20 December 2001, the UN Security Council unanimously adopted Resolution 1386 under Chapter VII of the UN Charter, authorising the establishment of an International Security Assistance Force (ISAF) in Afghanistan for six months. NATO assumed the lead in ISAF on 11 August 2003. In October 2003 the UN Security Council extended the authorisation of ISAF to cover all of Afghanistan. On 8 October 2009 the UN Security Council extended the current mandate for twelve months beyond 13 October 2009 under Resolution 1890. The seven Irish personnel, comprising 4 Officers and 3 Non Commissioned Officers, serving with the force are currently located in the two ISAF Headquarters in Kabul. The Irish personnel work in staff appointments in planning and administrative roles. The threat assessment for all theatres of operations where Defence Forces personnel are deployed is constantly reviewed and updated by the Defence Forces. The security situation in Afghanistan requires constant vigilance. The Commander of ISAF constantly monitors the security situation and directs changes to the force’s security measures when and if they are required. In addition, the security situation in Kabul is closely monitored by the Defence Forces and the level of threat to Defence Forces personnel serving there is constantly reviewed. 313 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.] Armoured protection vehicles and other additional security measures have been provided to the Irish Defence Forces personnel serving in Kabul and other security measures in relation to routes and travel have also been taken.

Defence Forces Discipline. 14. Deputy Mary Upton asked the Minister for Defence the number of members of the Defence Forces who have been removed from membership for being in contravention of the Defence Forces policy on drugs and substance abuse or misuse; and if he will make a statement on the matter. [42173/09]

Minister for Defence (Deputy Willie O’Dea): The Irish Defence Forces policy on drug and substance abuse or misuse is based on the premise that unlawful possession, supply or use of a controlled drug is incompatible with membership of the Defence Forces. Any member who tests positive is liable to be removed from the Defence Forces. A Compulsory Random Drug Testing (CRDT) programme aimed at deterrence was introduced in October 2002. Since then, 10,178 tests have been conducted with 41 tests yielding a positive result (4.0%). To date, a total of 25 members have been discharged as a result of a positive test result. Following a review of the regulations and procedures covering Compulsory Random Drug testing in the Defence Forces, I signed an amended set of Regulations relating to CRDT with effect from 11 March 2009. These revised regulations introduced new processes for handling representations as well as enlarging on the appeals procedures. They also provided for the introduction of Targeted Drug Testing (TDT) in defined circumstances.

Departmental Expenditure. 15. Deputy Róisín Shortall asked the Minister for Defence if the Department of Finance has indicated the amount of money to be deducted from his Department’s vote in 2010; and if he will make a statement on the matter. [42179/09]

Minister for Defence (Deputy Willie O’Dea): The allocation for my Department for 2010 will be decided by the Government in the context of the on-going Estimates and Budgetary process.

16. Deputy Ciarán Lynch asked the Minister for Defence his views on whether the target for pay bill cuts of 6.85% will be met by the Permanent Defence Forces by the end of 2009; and if he will make a statement on the matter. [42191/09]

Minister for Defence (Deputy Willie O’Dea): The Defence Forces have improved in every respect since 2000 through the implementation of the White Paper. This represents a significant public service success story and has been acknowledged by both the Taoiseach and myself. Arising from the White Paper on Defence, we have created a modern well-equipped Defence Forces capable of meeting the needs of Government and the public and ensuring value for money. The White Paper on Defence set out a figure of 10,500 personnel for the Permanent Defence Force as the strength sufficient to deliver on the roles laid down by Government for domestic operations and to provide a sufficient pool for rotation for overseas missions as well as maintaining sufficient depth across the required range of skills. The strength of the Defence Forces at 31 October 2009 was 10,013. This reduction has resulted from the moratorium on recruitment and promotion in the public service introduced by the Government in March of this year. I am acutely aware of the impact of the moratorium on the Permanent Defence Force particularly 314 Questions— 19 November 2009. Written Answers in light of the very high turnover rate that is part of any military organisation. I am addressing the impact of the moratorium with my colleague the Minister for Finance. The Deputy will be aware that discussions are ongoing with the public sector trade unions affiliated to ICTU about mechanisms to deliver the required savings of up to \1.3 billion in the public sector pay bill in 2010. Discussions are also taking place between officials of my Department and the Associations representing members of the Permanent Defence Force in parallel. While I would not wish to anticipate the outcome of these various discussions, it is my view that any agreement reached will apply across all sectors of the public service. I do not therefore foresee the required adjustment in pay levels being offset against a reduction in numbers on a sector specific basis in the context of the savings required in 2010. Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes and the decisions on all of the issues arising will be a matter for the Government. It would therefore not be appropriate for me to comment any further at this stage pending the outcome of these deliberative processes.

Defence Forces Strength. 17. Deputy Michael D. Higgins asked the Minister for Defence his views on whether the drop in Defence Forces numbers from 12,750 in 1996 to 10,081 in 2009 leaves little scope for further cuts if he wishes to maintain a credible organisation; and if he will make a statement on the matter. [42193/09]

35. Deputy Emmet Stagg asked the Minister for Defence the numbers serving in the Defence Forces at present and the anticipated number on 1 January 2010; and if he will make a statement on the matter. [42178/09]

36. Deputy Bernard J. Durkan asked the Minister for Defence his plans to maintain the full strength of the Defence Forces; and if he will make a statement on the matter. [42334/09]

42. Deputy Brian O’Shea asked the Minister for Defence his views on whether the reduction in Defence Forces numbers from 12,750 in 1996 to 10,081 in 2009 leaves little scope for further cuts if he wishes to maintain a credible organisation; and if he will make a statement on the matter. [42170/09]

46. Deputy Kathleen Lynch asked the Minister for Defence his views on whether the reduction in the Permanent Defence Forces strength of 500 personnel recommended in the Report of the Special Group on Public Service Numbers and Expenditure Programmes will be met by December 2009; and if he will make a statement on the matter. [42190/09]

141. Deputy Bernard J. Durkan asked the Minister for Defence his plans for the future strength at all levels in the Army; and if he will make a statement on the matter. [42480/09]

142. Deputy Bernard J. Durkan asked the Minister for Defence his plans for the future strength at all levels in the Navy; and if he will make a statement on the matter. [42481/09]

143. Deputy Bernard J. Durkan asked the Minister for Defence his plans for the future strength at all levels in the Air Corps; and if he will make a statement on the matter. [42482/09]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 17, 35, 36, 42, 46, 141, 142 and 143 together. 315 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.]

The White Paper on Defence of February 2000 sets out a figure of 10,500 personnel for the Permanent Defence Force comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 for the Army. The recent Report of the Special Group on Public Service Numbers and Expenditure Programmes recommended that the number of personnel in the PDF be reduced by 500 over a two to three year period as “operational requirements allow.” The reality is that based on current trends, numbers are already reducing within the Permanent Defence Force. The Defence Forces, as do all military organisations, have an unusually high turnover of people on an ongoing basis in order to maintain the age and fitness profile. I am advised by the Military authorities that the strength of the Permanent Defence Force as at 31 October, 2009 was 10,013, comprising Army 8,175, Air Corps 807 and Naval Service 1,031. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government at home and overseas. I intend, within the resources available, to retain the capacity of the organisation to operate effectively across all roles while contributing to the necessary public service economies. Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes and the decisions on all of the issues arising will be a matter for the Government. It would therefore not be appropriate for me to comment any further at this stage pending the outcome of these deliberative processes.

Departmental Expenditure. 18. Deputy Ciarán Lynch asked the Minister for Defence his views on whether spending on the Irish Defence Forces as a proportion of GDP is the lowest amongst the 27 European Union states; and if he will make a statement on the matter. [42192/09]

Minister for Defence (Deputy Willie O’Dea): The level of expenditure on Defence in any particular country is influenced by a variety of factors, including that country’s political and security environment, its history, demography and economy. The most recent available statistics on Defence expenditure in the EU indicate that in 2007 Defence spending in Ireland, as a percentage of GDP, was the lowest in the E.U. at 0.53%. In 2008 Defence spending in Ireland represented 0.6% of GDP. Expenditure under the Defence and Army Pensions Votes increased from \702m in 1999 to an estimated expenditure of \1,031m in 2009 i.e. an increase of 47%. During the same period the CPI increased by about 34%. There has been a very significant investment in infrastructure and equipment for the Defence Forces in recent years. This was made possible by the Govern- ment’s decision that pay savings arising from personnel reductions in the Defence Forces, along with proceeds from the sale of surplus properties, would be fully reallocated for investment in modern facilities and equipment.

Defence Forces Reserve. 19. Deputy Jack Wall asked the Minister for Defence the number of the Permanent Defence Forces cadre that are servicing Reserve Defence Force units in Tipperary; if they are in receipt of an allowance for this purpose; and if he will make a statement on the matter. [42171/09]

Minister for Defence (Deputy Willie O’Dea): The information requested by the Deputy is set out in the following table.

316 Questions— 19 November 2009. Written Answers

Unit No. of PDF Cadre No. in Receipt of an RDF Allowance

1 Southern Brigade RDF HQ 9 8* 31 Res Artillery Regiment 12 12 31 Res Cavalry Squadron 3 3 Sp Coy 32 Res Infantry Battalion 5 5 *Of the 9 PDF Cadre servicing 1 S Bde RDF HQ, 1 Private is attached long term to HQ and, as such, is not in receipt of an Allowance.

The recent Government Decision on savings measures on public service numbers is being implemented in the Defence Forces. While there are no immediate plans to reduce the number of Cadre members, it can be anticipated that flexibility and re-structuring will be required arising from the implementation of the Government cost saving measures. In addition, the RDF was selected for review as part of the 2009-2011 phase of the Government’s Value for Money and Policy Review initiative and this Review is scheduled to commence in the near future.

Overseas Missions. 20. Deputy Richard Bruton asked the Minister for Defence the number of overseas missions he has visited to date in 2009; and if he will make a statement on the matter. [42212/09]

Minister for Defence (Deputy Willie O’Dea): Over my term of Office as Minister for Defence, I have visited all the major overseas operations where contingents of the Defence Forces are serving. In 2008, I conducted four visits to our overseas missions in Kosovo (2 visits), Chad and Bosnia and Herzegovina. In February this year, I again visited the mission in Chad, our largest overseas operation. My objective in visiting the missions is to see at first hand the work of the Irish Defence Forces personnel serving in the missions, to communicate the support of the Government and the people of Ireland for the important work they are doing, and to get feedback from the troops themselves and from other actors in the area of operations on the effectiveness of the overall mission. As I said above, I visited the Irish contingent serving with the EU-led mission in Chad and the Central African Republic, EUFOR Tchad/RCA Chad from 24 to 26 February. EUFOR was the predecessor to the United Nations Mission in the Central African Republic and Chad (MINURCAT) with which an Irish contingent have been serving since 15 March 2009. On arrival in N’Djamena, I travelled to Camp Europa (EUFOR’s Rear HQ) where I was briefed by EUFOR’s Deputy Force Commander. I visited Camp Ciara, the headquarters of the Irish- led multinational battalion serving with EUFOR. After a series of briefings and lunch with the troops, I addressed them and congratulated them on the tremendous job they were doing under extremely difficult conditions and terrain. I conveyed to them the best wishes of the Govern- ment and the Irish people in the work they were undertaking. I also had the opportunity to visit a patrol base at Koukou Angarana and a refugee camp. I was very impressed by the motivation being shown by our troops in the performance of their duties in difficult circumstances, their energy and the good atmosphere in the camp generally. The Irish personnel with EUFOR, like our troops in all other missions, have made a significant difference on the ground and have enhanced Ireland’s international reputation as neutral, impartial and professional peacekeepers. 317 Questions— 19 November 2009. Written Answers

Human Rights Issues. 21. Deputy Mary Upton asked the Minister for Defence, further to Parliamentary Question No. 59 of 8 October 2009, the reports he has received in regard to violence against refugee women in eastern Chad; and if he will make a statement on the matter. [42174/09]

Minister for Defence (Deputy Willie O’Dea): I am aware of the Irish Times article relating to a report by Amnesty International on violence against refugee women in eastern Chad; I have not received nor am I aware of any other reports in this matter. I understand that Amnesty International Ireland has contacted my colleague, the Minister for Foreign Affairs, in regard to the above-mentioned report. The Government shares the concern of Amnesty International Ireland at the content of the report and will continue to make Ireland’s voice heard in relation to Chad and peacekeeping there. Ireland will do its utmost to contribute to protecting the vulnerable and building a lasting peace. The United Nations Mission in the Central African Republic and Chad (MINURCAT), which comprises civil, police and military components is authorised, inter alia, to take all necessary measures, within its capabilities and its area of operations in eastern Chad, in liaison with the Government of Chad, to contribute to protecting civilians in danger, particularly refugees and internally displaced persons. Ireland has made substantial efforts and contributed strongly to the efforts to improve the security and protection of the people in the region and to defend their human rights. To this end we have maintained over 400 Irish troops on the ground in Chad with MINURCAT and previously with the former EU-led mission in Chad. However, at end-September 2009, just over 50% of the total planned military force of 5,200 had been deployed. It is important that this position improve radically over the next months. While the military force can provide for broader security within the area of operations, the role of the UN trained and supported policing — Détachement Intégré de Scurité or DIS — operating within the camps is essential to ensure the personal security of refugees and IDPs. As at 30 September, 806 DIS personnel were deployed, supported by 248 United Nations Police Officers. MINURCAT has recently launched a campaign to combat gender-based violence in Chad. We will continue to monitor the situation and to do our utmost to contribute to protecting the vulnerable and to building a lasting peace in this troubled part of the world.

Decentralisation Programme. 22. Deputy Dinny McGinley asked the Minister for Defence his plans for the location of each of the sections of Defence Forces headquarters; when his Department will move to its new offices in Newbridge, County Kildare; and if he will make a statement on the matter. [42246/09]

Minister for Defence (Deputy Willie O’Dea): The Government decision of December 2003 in relation to decentralisation provides for the transfer of the Department of Defence and of Defence Force Headquarters (DFHQ) to Newbridge, Co. Kildare and the Curragh, Co Kildare, respectively. My Department’s Dublin-based civil servants, together with about 55 military personnel, will relocate to Newbridge. DFHQ will relocate to the Curragh. Construction and fitting-out of new accommodation at Station Road, Newbridge is being managed by the Office of Public Works (OPW). The building is under construction and is expected to be available for occupation early in the New Year. Procurement of the new building for DFHQ is also being handled by OPW. A State owned site has been identified in the Curragh, planning permission has been granted and a short-list

318 Questions— 19 November 2009. Written Answers of tenderers has been drawn up. The question of proceeding to the next stage of the project (invitation of tenders) is dependent on the necessary funding for the project being available to the OPW. This will be decided as part of the on-going Estimates and budgetary process.

Army Equitation School. 23. Deputy Róisín Shortall asked the Minister for Defence if a cost benefit analysis has been done in regard to the contribution made by the Army Equitation School to the promotion of tourism and the promotion of the Irish Horse Industry; and if he will make a statement on the matter. [42180/09]

Minister for Defence (Deputy Willie O’Dea): The mission of the Army Equitation School, as assigned to it on its establishment in 1926, is to promote the Irish horse abroad through participation in international competitions. The school has discharged this task with considerable distinction down through the years and, through its participation and numerous successes in equitation events at home and abroad, it has successfully promoted the qualities of the Irish horse. The core activities of the Army Equitation School include the successful participation in equestrian competitions on Irish bred horses and the support that the School provides to the National Sport Horse Industry. The Army Equitation School provides a positive image of Ireland and the Defence Forces to the wider public. Army riders competing on Irish bred horses provide an instantly recognis- able symbol of Ireland to the international community. While a cost benefit analysis on the contribution of the Army Equitation School has not been carried out, the role of the School is strongly supported by the industry through Sport Horse Ireland who have indicated that the prominence of the Equitation School riding Irish horses in competitions nationally and internationally, is a key marketing vehicle for breeders.

Irish Red Cross. 24. Deputy Brian O’Shea asked the Minister for Defence his views on a report (details supplied) regarding the control of the Irish Red Cross. [42196/09]

25. Deputy Jack Wall asked the Minister for Defence if the governance committee of the Irish Red Cross will report in November 2009; and if he will make a statement on the matter. [42172/09]

34. Deputy Joe Costello asked the Minister for Defence the role and responsibilities of the Government nominees to the central council of the Irish Red Cross; if he is satisfied that they are effectively discharging those responsibilities; if he is satisfied that they are encouraged to play a full role in policy making for the Irish Red Cross; and if he will make a statement on the matter. [42195/09]

49. Deputy Michael D. Higgins asked the Minister for Defence if the views and opinions of the staff of the Irish Red Cross were sought in relation to the internal governance reform review of the Irish Red Cross; if the views and opinions of all central council members and all other relevant stake holders were sought; and if he will make a statement on the matter. [42194/09]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 24, 25, 34 and 49 together. Although, I am aware of the magazine article to which the deputy refers I am restricted in the manner in which I may comment on its contents. As Minister for Defence, I have responsi-

319 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.] bility for enacting any legislation in respect of the Irish Red Cross Society. However, I have no function in the day-to-day administration of the Irish Red Cross and as such I do not get involved in the day-to-day running of its affairs. The Irish Red Cross Society is an autonomous body, established by the Irish Red Cross Society Order 1939 pursuant to the Red Cross Act, 1938. The Order sets out the basis on which the Society shall be governed. The Society is an independent charitable organisation with full powers to manage and administer its affairs through its governing body, the Central Council. The role of Central Council is set out in the Rules of the Society. It is not a matter for me as Minister for Defence to set policy for the Society but rather the Society achieves its objectives under a number of guiding principles including those of impartiality and independence. The Government has an obligation under the Geneva Convention to discharge certain obligations to the Society including ensuring the independence of the Society. Membership of the Central Council is by way of appointment by the Government or by election in accordance with the rules of the Society. The Central Council in turn elects an Executive Committee which normally meets ten times a year. The number of Government appointees is statutorily prescribed as being not less than one third of the total membership of the Central Council. The work experience of the Government appointees covers both the public and private sector and volunteer experience with the Society. The issue of governance is being considered by a governance committee within the Society. That Committee is expected to report to the Central Council before the end of this month. The contents of the governance report will be the subject of interdepartmental and interagency discussion, involving the Departments of Taoiseach, Foreign Affairs and Defence and the Irish Red Cross Society and the International Federation of Red Cross and Red Crescent Societies. Thereafter, I will bring before Government any statutory changes deemed necessary. I have received a letter from Mr. David Andrews who has informed me of his intention to retire as Chairman of the Central Council of the Irish Red Cross Society with effect from 31st December 2009. Mr Andrews has informed me that by his decision to retire, he wishes to convey an example of leadership to the Society having regard to proposed governance reform which includes the rotation of the post of Chairman. I believe that the high regard in which Mr Andrews is held both at home and abroad has been of enormous and enduring benefit to the Society. He brought vast knowledge and experience into his role of Chairman, as indeed have his predecessors. I have also been informed that one member of the Executive Committee has resigned his position on the Committee due to his work commitments and that the Secretary General of the Society, a seconded civil servant, is to return to his parent Department. The Red Cross Act, 1944 provides that the President of Ireland shall, by virtue of her Office, be President of the Society. The Chairman of the Central Council is appointed by the President on the nomination of the Government. I will arrange for the Government to propose a suitable nomination to the President to replace Mr. Andrews.

Air Accident Investigations. 26. Deputy Emmet Stagg asked the Minister for Defence if the cause of the tragic air accident in Cornamona, County Galway in which the two Air Corps pilots lost their lives has been established; and if he will make a statement on the matter. [42177/09]

33. Deputy Charlie O’Connor asked the Minister for Defence if he has received any interim or preliminary reports into the tragic and fatal crash of an Air Corps airplane in County Galway

320 Questions— 19 November 2009. Written Answers on 12 October 2009; if the other Pilatus aircraft are being used for training; and if he will make a statement on the matter. [42168/09]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 26 and 33 together. I would like to begin by expressing my sincere sympathy to the families and colleagues of Captain Derek Furniss and Cadet David Jevens who lost their lives in this tragic accident involving an Air Corps PC-9 in Cornamona, Co. Galway on the 12 October, 2009. The Prelimi- nary Report into this fatal air accident was published by the Air Accident Investigation Unit, (AAIU) of the Department of Transport on the 17th November, 2009. This report is available to the public on the AAIU website. The cause of the accident is not determined in this report. Only the facts as known by the Investigation at this early stage are set out. The Final Report, which will be completed within one year of the accident, will provide full analysis of the accident and address cause. Following the accident, the Air Corps grounded the remaining PC9s as a precaution. The remaining seven PC9 aircraft were cleared to return to flying status on 16th October, 2009 and they resumed their role as training aircraft on the 19th October, 2009.

Overseas Missions. 27. Deputy Deirdre Clune asked the Minister for Defence the plans being put in place for the Air Corps to be ready to serve with aircraft in future overseas missions in view of the fact that overseas missions routinely lack helicopter support, for example, Liberia, Chad and so on; and if he will make a statement on the matter. [42224/09]

Minister for Defence (Deputy Willie O’Dea): In the context of the production of the first White Paper on Defence (2000-2010), the issue of deploying the Air Corps assets on peace support operations was considered. It was decided that, given the resources of the Air Corps and the demands on their services at home, it would not be feasible for them to participate beyond the domestic environment. Individual members of the Air Corps will continue to be deployed on overseas peace support operations as they have been in the past. The Department is currently in the process of drafting a second White Paper on Defence for the period 2011-2020. This will set out the contribution of the Air Corps, as well as the Army and the Naval Service, to Defence Provision. In relation to the existing helicopters available to the Air Corps, their primary mission is pilot training in the case of the EC135 and Army training support and domestic operations in relation to the AW139. In the absence of modifi- cations to the aircraft to deal with environmental factors prevalent in Africa and flying in conflict zones, it would be not be possible to deploy these aircraft in a helicopter operational support role in Chad.

Defence Forces Properties. 28. Deputy Willie Penrose asked the Minister for Defence if he has identified any property of the Defence Forces that is not fully and economically utilised by the defence sector in relation to the report of the Special Group on Public Service Numbers and Expenditure Prog- rammes; and if he will make a statement on the matter. [42185/09]

Minister for Defence (Deputy Willie O’Dea): As the Deputy will be aware, a programme of rationalising and disposing of property which is surplus to the requirements of the Defence Forces has been on-going for a number of years. In that regard the Report of the Special

321 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.] Group on Public Service Numbers and Expenditure Programme noted that my Department has identified 33 properties for disposal. Any properties to be disposed of will take account of the market conditions, so as to maximise the return to the Defence Forces and generate funding for reinvestment in Defence Forces equipment and infrastructure. Significant progress has been achieved over the past decade in re-equipping and developing Defence Forces capabilities, using the proceeds from the sales of surplus properties and we need to ensure that this progress is continued. Having regard to the investment needs of the Defence Forces and given the current economic circumstances, it is important that my Department realises the full commercial value of the properties being sold.

Naval Service Vessels. 29. Deputy Ruairí Quinn asked the Minister for Defence the assurances he will give the House of the Oireachtas in regard to the safety and effectiveness of the current naval vessels; if they are not to be replaced until they have completed at least 34 years of service; and if he will make a statement on the matter. [42183/09]

Minister for Defence (Deputy Willie O’Dea): While Naval Service vessels have a nominal lifespan of around 30 years, three ships in the current flotilla will have completed at least 34 years of service before they are likely to be replaced — namely LE Emer commissioned in 1978, LE Aoife commissioned in 1979 and LE Aisling commissioned in 1980. Naval Service vessels are required to operate in the harsh and unforgiving waters of the North Atlantic. With regard to safety, there is a programme of continuous planned and preventative maintenance to ensure that all Naval Service vessels are kept in a seaworthy condition and the Naval Service will only send ships to sea in a seaworthy condition. The older ships are monitored through increased inspections and maintenance. These inspections have recently resulted in extensive repairs being carried out to the L.E. Emer and the L.E. Aoife, with holes in the hull plating of both vessels being detected and repaired in the course of dry-docking. The cause of the damage is likely to be salt-water erosion and micro-biological contamination propagation. The Naval Service is currently in contact with laboratory test facilities to inspect steel samples. The additional cost of these repairs is estimated at \100,000 per vessel. No such problems have been detected with L.E. Aisling although further inspection and examination work is planned. A vessel replacement strategy for the Naval Service is currently in progress and a tender competition for a ship replacement programme commenced in 2007. The competition sought tenders for the purchase of two Offshore Patrol Vessels (OPVs) and one Extended Patrol Vessel (EPV), with an option for up to two additional vessels. The process comprised two stages — Stage 1, a Request for Proposals and Stage 2, an Invitation to Tender. During 2008, Stage 1 of the tender process was completed and tenders were received in response to Stage 2. Following tender evaluation, a preferred bidder has been selected and detailed and extensive contract negotiations are now close to conclusion. The decision to proceed with the final award of contract to purchase the OPVs will be subject to Government approval and agreement on funding. Subject to such approval, it is expected that the new vessels will be delivered for acceptance by the Naval Service on a phased basis from 2012. In relation to the larger EPV, Stage 1 of the competition has been completed. Stage 2 will not be initiated until the contract for the OPVs has been concluded. This strategy combined with a continuous process of refurbishment and repair will ensure that the operational capability of the Naval Service is maintained at a satisfactory level.

322 Questions— 19 November 2009. Written Answers

As Minister for Defence, the health and safety of all Defence Forces personnel and compliance with the Safety, Health and Welfare at Work Act, 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 are of utmost importance to me. The acquisition of modern new vessels will ensure that the Service will be fully equipped to carry out its day to day roles in enforcing the State’s sovereign rights over our waters and our fisheries and meeting Ireland’s obligations in the area of maritime safety and security and fisheries protection.

Social Welfare Benefits. 30. Deputy Eamon Gilmore asked the Minister for Defence if members of the Irish Army are in receipt of supplementary welfare allowance in order to maintain their families; and if he will make a statement on the matter. [42175/09]

Minister for Defence (Deputy Willie O’Dea): Supplementary welfare allowance provides a basic weekly allowance to eligible people who have little or no income. People with low incomes may also qualify for a weekly supplement payment under the Supplementary Welfare Allowance Scheme to meet certain special needs. The circumstances surrounding an application for supplementary welfare allowance and the payment of the allowance is a private matter between the applicant and the Department of Social and Family Affairs. My Department would not be aware, therefore, if members of the Permanent Defence Forces are in receipt.

Hearing Impairment Claims. 31. Deputy Jim O’Keeffe asked the Minister for Defence if all army deafness claims have been disposed of; the final number of claims processed; the total payments to claimants; the costs paid to claimant’s lawyers; the amount paid for departmental costs; the estimated cost of dealing with outstanding claims; and the steps taken to eliminate or minimise such claims for the future.. [42198/09]

Minister for Defence (Deputy Willie O’Dea): A total of 16,807 hearing loss claims have been received from current and former members of the Defence Forces in respect of loss of hearing allegedly caused during their military service. 16,139 claims have been disposed of to date. \288.7 million has been paid in respect of hearing loss claims including plaintiffs’ legal costs of \100.2 million. The plaintiffs’ legal costs include the fees of the solicitors’ firms as well as other costs such as Counsel fees, medical reports, etc. The management of new and outstanding hearing loss claims was delegated to the State Claims Agency with effect from 1st September 2005. The State Claims Agency has disposed of 851 hearing loss claims and is currently managing a total of 417 active cases. My Department has paid \1.2m in plaintiff costs and \1.4m in agency legal and related costs to the State Claims Agency in respect of hearing loss claims. The State Claims Agency estimates the cost of dealing with the remaining currently active army hearing loss cases will be approximately \8m. Hearing loss claims received after July 2002 are generally being contested on the basis of Statute of Limitations. In general, the Office of the Chief State Solicitor pays the costs of the State’s legal team in relation to claims not delegated to the State Claims Agency. This includes Counsel fees, medical fees, fees for expert witnesses, State solicitors, stenographers, etc. These costs are charged to the Vote of the Chief State Solicitor’s Office. The most recent information available from the Office of the Chief State Solicitor is that in the period 1998 to October 2009 by which time the vast majority of Army Hearing Loss cases has been finalised, it has paid a total of \18.2m in such fees. This included \11.6m for Counsel fees. During this period, the Department of

323 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.] Defence also directly paid \3.4m in other costs associated with the processing of hearing loss claims. There is an ongoing programme of education for all military personnel in relation to hearing protection, and equipment is kept under review to ensue that the Defence Forces will always have up to date hearing protection equipment. The military authorities have issued state of the art hearing protection to all members of the Defence Forces, and all range supervising officers are required to ensure that personnel engaged in firing wear the appropriate protection. All other persons on the firing range are required to wear protection when within the noise danger area.

Army Operations. 32. Deputy Jan O’Sullivan asked the Minister for Defence the number of call-outs of the explosive ordnance disposal team in regard to suspect devices or the removal of old ordnance to date in 2009 and for each of the past five years; and if he will make a statement on the matter. [42188/09]

Minister for Defence (Deputy Willie O’Dea): The primary responsibility for the maintenance of law and order rests with an Garda Síochána. The Defence Forces, pursuant to their role of rendering aid to the civil power, assist the Gardaí as required. Requests for aid to the civil power are normally made by a member of an Garda Síochána not below the rank of Inspector. The Explosive Ordnance Disposal (EOD) Team respond when a request is made by an Garda Síochána, to the relevant Brigade, for assistance in dealing with a suspect device or for the removal of old ordnance. The Defence Forces EOD Team is required to treat all devices as suspect until the EOD Officer confirms the nature of the device. The number of call outs responded to by the Defence Forces EOD teams from 2004 to 2009 is as follows:

Year Total Number of Calls Old Ordnance (included in total number)

2009 180 (To 15/11/09) 14 2008 180 29 2007 98 19 2006 101 21 2005 105 14 2004 110 24

Question No. 33 answered with Question No. 26.

Question No. 34 answered with Question No. 24.

Questions Nos. 35 and 36 answered with Question No. 17.

Courts of Inquiry. 37. Deputy Eamon Gilmore asked the Minister for Defence if the court of inquiry established to investigate the incident at Kilworth Camp, County Cork, when a young officer was seriously injured in a training incident in June 2009 has concluded; and if he will make a statement on the matter. [42176/09]

Minister for Defence (Deputy Willie O’Dea): A Formation Accident Investigation Team (FAIT) was established by the General Officer Commanding the Southern Brigade to investi- 324 Questions— 19 November 2009. Written Answers gate the incident. A FAIT is normally established in such situations like this to examine the incident from a health and safety viewpoint. The purpose of the investigation is primarily preventative, to discover causation and collect statistical data in order that corrective action may be taken as soon as possible to prevent a recurrence. Following completion of the initial report prepared by the team, all employment and safety instructions have been reviewed and amended as necessary. Planning is in place for the conduct of a seminar for all Defence Force instructors prior to bringing the weapon back into service. In accordance with Defence Forces Regulations, a Court of Inquiry was also established to investigate the incident. The report compiled by the Court of Inquiry was received by the General Officer Commanding (GOC) the Southern Brigade, earlier this week. The GOC will consider the report and forward the report, with any recommendations as necessary, to the Deputy Chief of Staff (Support).

Overseas Missions. 38. Deputy Bernard J. Durkan asked the Minister for Defence the current and future deployment overseas locations for the Defence Forces; the extent to which his attention has been drawn to future requirements in this regard at EU and UN level; and if he will make a statement on the matter. [42333/09]

144. Deputy Bernard J. Durkan asked the Minister for Defence the number and location of overseas deployments in respect of the Army, Navy and Air Corps; the number pending; if all such deployments in the field are adequate in strength to be self sufficient in terms of security; and if he will make a statement on the matter. [42483/09]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 38 and 144 together. Ireland has offered, through the UN Standby Arrangements System (UNSAS), to provide up to 850 military personnel for overseas service at any one time. This figure equates to some 10% of Ireland’s standing Army (excluding Reserves) and demonstrates Ireland’s commitment to the cause of international peace. This is the maximum sustainable commitment that Ireland can make to overseas peacekeeping operations. Ireland is currently contributing 761 Defence Forces personnel to 12 different missions throughout the world. Full details of all personnel (including breakdown by services) currently serving overseas are listed in the tabular statement. The main overseas missions, in which Defence Forces personnel are currently deployed, are the United Nations Mission in the Central African Republic and Chad (MINURCAT) with 420 personnel, the NATO-led International Security presence (KFOR) in Kosovo with 237 personnel and the EU-led operation in Bosnia and Herzegovina, ALTHEA, with 44 personnel. Other personnel are serving as monitors and observers with the United Nations and the Organ- isation for Security and Cooperation in Europe (OSCE). Staff are also deployed at the organisational headquarters of the EU, OSCE and NATO. Ireland is currently committed to MINUR- CAT until mid-March 2010, to KFOR until April 2010 and to Operation ALTHEA until December 2009. The Defence Forces conduct a threat assessment on mission areas and all deployments meet the requirements of security and force protection for all personnel integrated into the overall mission requirement. The Defence Forces are self sufficient in large troop deployment missions in terms of force protection and security and are integrated into the overall force protection and security plans of all other missions. With regard to future deployments, Ireland receives requests, from time to time, in relation to participation in various missions and these are considered on a case-by-case basis. When considering any particular request, the existence of realistic objectives and a clear mandate, which has the potential to contribute to a political

325 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.] solution, consideration of how the mission relates to the priorities of Irish foreign policy and the degree of risk involved are amongst the factors considered.

Members of the Permanent Defence Force Serving Overseas as of 01 November 2009

Number

1. UN Missions (i) UNIFIL (United Nations Interim Force in Lebanon) HQ 8 (ii) UNTSO (United Nations Truce Supervision Organisation) — Israel, Syria and Lebanon 12 (iii) MINURSO (United Nations Mission for the Referendum in Western Sahara) 3 (iv) MONUC (United Nations Mission in Democratic Republic of Congo) 3 (v) UNOCI (United Nations Mission in Ivory Coast) 2 (vi) MINURCAT (United Nations Mission in the Central African Republic and Chad) — HQ 13 MINURCAT (United Nations Mission in the Central African Republic and Chad) — 407 101st Inf Battalion

TOTAL 448

UN Mandated Missions (vii) EUFOR (EU-led Operation in Bosnia and Herzegovina) 44 (viii) EUNAVFOR (EU-led Operation Atalanta) OHQ - UK 1 (ix) KFOR (International Security Presence in Kosovo) — HQ 20 KFOR (International Security Presence in Kosovo) 41st Inf Group 217 (x) ISAF (International Security Assistance Force in Afghanistan) 7

TOTAL NUMBER OF PERSONNEL SERVING WITH UN MISSIONS 737

2. Organisation for Security and Co-operation in Europe (OSCE) (i) OSCE Mission to Bosnia & Herzegovina 2 (ii) OSCE Mission in Belgrade — Serbia 1 (iii) Staff Officer, Higher Level Planning Group, Vienna 1

TOTAL NUMBER OF PERSONNEL SERVING OSCE 4

3. EU Military Staff Brussels 7

4. Nordic Battlegroup HQ Staff — Sweden 4

5. Military Representatives/Advisers/Staff (i) Military Adviser, Permanent Mission to UN, New York 1 (ii) Military Adviser, Irish Delegation to OSCE, Vienna 1 (iii) Military Representative to EU (Brussels) 4 (iv) Liaison Office of Ireland, NATO/PfP (Brussels) 2 (v) Military Representative to NATO/PfP Co-ordination Cell/Supreme Headquarters Allied 1 Powers Europe (SHAPE), Mons. Belgium

TOTAL NUMBER OF DEFENCE FORCES PERSONNEL SERVING OVERSEAS 761

Breakdown Of Total Number By Service Army 730 Air Corps 21 Naval Service 10

Total 761

326 Questions— 19 November 2009. Written Answers

Naval Service Vessels. 39. Deputy Pat Rabbitte asked the Minister for Defence if he has received approval from the Department of Finance to use the insurance payment of \3.8 million arising from the loss of Asgard II to fund a new vessel similar to Asgard but with a steel hull; and if he will make a statement on the matter. [42182/09]

Minister for Defence (Deputy Willie O’Dea): A decision on the question of funding the procurement of a replacement vessel for Asgard II will be made in the context of finalising the Estimates for my Department for 2010. That process is on going and it would not be appropriate for me to comment any further on the matter at this stage.

Overseas Missions. 40. Deputy Peter Kelly asked the Minister for Defence if he will ensure that Irish troops serving overseas, particularly those serving in Chad, will be able to receive parcels and presents from home; and if he will make a statement on the matter. [42166/09]

Minister for Defence (Deputy Willie O’Dea): The Defence Forces do not operate a parcel post service to personnel serving on overseas missions. In most cases families and friends are able to use the existing postal service of An Post to send parcels to troops serving overseas. However, because of the remoteness of the location of Irish troops serving with the United Nations Mission in the Central African Republic and Chad (MINURCAT), the sending of parcels through the normal post is discouraged as it is not supported by UN logistics systems and delivery cannot be guaranteed. Therefore, the Defence Forces are organising the delivery before Christmas of one parcel from each family to Irish personnel serving with MINURCAT. The service will be similar to the one provided to the Irish personnel who were serving with the EUFOR mission in Chad last Christmas.

Internet Security. 41. Deputy Kathleen Lynch asked the Minister for Defence if he is satisfied that Ireland is properly prepared to withstand an attempt at cyber warfare or terrorism; and if he will make a statement on the matter. [42189/09]

Minister for Defence (Deputy Willie O’Dea): Cyber security, cyber crime and internet security represent challenges that are constantly evolving and require vigilance and appropriate responses. Cyber security is multi facetted. The nature of the threat and the potential impact also varies considerably depending on the approach and objective of those with malicious intent. In the first instance, each State agency, business and individual should take every precaution with regard to their security. Awareness of security, the risks and available safeguards, can be seen as the first line of defence for the security of information systems and networks. I am aware of considerable activity in this regard. My colleague the Minister for Communi- cations, Energy and Natural Resources has undertaken a number of awareness campaigns aimed at individuals, SMEs , the education sector, the public Sector and business. In addition, Minister Ryan has recently commissioned a report on Ireland’s current state of readiness should a cyber attack occur. The report will also contain a review of current international best practice on cyber security and the structures that should be developed to oversee the Government’s response to cyber attacks. This report will address the following issues from a national perspective: Detection of cyber attacks Reaction to cyber attacks from Government, Government agencies and operators of critical IT infrastructure Development of structure to

327 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.] oversee planning and response to cyber attacks Development of structures to keep the public aware of threats and appropriate responses. I understand that consultation with industry and across Government in underway and that the Strategy should be finalised by the end of the year.

Question No. 42 answered with Question No. 17.

Defence Forces Operations. 43. Deputy Peter Kelly asked the Minister for Defence the number of bank cash escort duties carried out by the Defence Forces in 2008 and to date in 2009; the payments received from the banks to cover these duties; and if he will make a statement on the matter. [42167/09]

Minister for Defence (Deputy Willie O’Dea): The number of cash in transit escorts provided by the Defence Forces in 2008 was 2,210. The level of contributions by the Banks in respect of the costs incurred by the Defence Forces in the provision of Cash Escorts is subject to the agreement I concluded with the IBF and the member Banks in 2005. The banks are charged for their proportion of the total escorts provided i.e. approx. 78%. The remainder relates to post office escorts which are not subject to charge as they come under State expenditure. The total amount received from the Banks for 2008 was \7.45m. The statistics compiled for the period January to August 2009 show that the number of escorts for that period was 1,429. Costs in respect of each 12 month period to end-December, are paid the following year, with payment for 2009 due on or before the 1st June 2010. This is to allow for the compilation of returns from the brigades and allocation of costs following the year-end.

Overseas Missions. 44. Deputy Jim O’Keeffe asked the Minister for Defence the arrangements for helicopter support for our troops in Chad since they were first deployed in February 2008. [42197/09]

Minister for Defence (Deputy Willie O’Dea): Contingents of the Permanent Defence Force served in Chad between February 2008 and March 2009 with the EU-led mission in Chad and the Central African Republic, EUFOR Tchad/RCA. During this period, helicopter support was provided by EUFOR aviation assets. In addition, two helicopters were contracted by my Department in June 2008 to provide both operational and logistical support to the Irish battalion serving with EUFOR. While there were some difficulties encountered with the initially deployed helicopters, which have been well documented, throughout the contract period the helicopters provided essential support to the Defence Forces contingent in cargo transport, mission resupply and standby emergency evacuation, reinforcement and casevac, which were the primary considerations in contracting the helicopters in the first place. EUFOR’s mandate expired on 14 March, 2009, and the operation was replaced by the United Nations Mission in the Central African Republic and Chad (MINURCAT). Following the handover of the mission from EUFOR to MINURCAT, significant deficiencies were experienced in the UN helicopter support to the Irish contingent arising from both the lack of fuel and the operational and tasking arrangements for the UN helicopters then deployed in theatre. As a result, it was essential to retain the helicopters contracted for the Defence Forces contingent in Chad. A particular concern for the Defence Forces and the Department was the need to ensure available helicopter support to the Defence Forces contingent during the oncoming rainy season. The Defence Forces helicopter contract was extended on a month-by-month basis

328 Questions— 19 November 2009. Written Answers for six months. At that stage, the Chief of Staff stated that he was happy with the level of helicopter support then available from the UN for the Irish Defence Forces contingent in Chad and the contract for the Irish helicopters was terminated on 25 October, 2009. There are currently two UN helicopters based in Goz Beida, providing helicopter support to the Irish contingent, which have also on occasion been used for MEDEVAC/CASEVAC operations. In addition there is also a dedicated MEDEVAC/CASEVAC helicopter located in Abeche on a 24/7 basis.

Commemorative Events. 45. Deputy Jan O’Sullivan asked the Minister for Defence the progress made by the committee established to consider proposals for an appropriate commemoration of the 100th anniversary of the 1916 Rising in 2016; the number of meetings held to date in 2009; when the committee last met; and if he will make a statement on the matter. [42187/09]

Minister for Defence (Deputy Willie O’Dea): Consideration is continuing in each Govern- ment Department with regard to their respective contributions to a comprehensive programme for the Centenary of the Rising. I expect that a draft programme in this regard will be submitted to Government next year for their consideration and also circulated at that time to the Oireachtas Consultation Group. In the interim, certain specific refurbishment and conservation projects relating to the Independence years are being progressed by the Government Depart- ments, the Office of Public Works and the national cultural institutions. Arrangements are being made for a meeting of the Oireachtas Consultation Group on 2nd December during which the progress on these projects during 2009 will be described and work on certain sites inspected.

Question No. 46 answered with Question No. 17.

Defence Forces Properties. 47. Deputy Ruairí Quinn asked the Minister for Defence if he plans to bring forward a detailed feasibility study in regard to the disposal of Cathal Brugha Barracks, Dublin and the re-location of personnel stationed there to other sites within the Defence Forces portfolio; and if he will make a statement on the matter. [42184/09]

Minister for Defence (Deputy Willie O’Dea): The Defence property portfolio is kept under ongoing review by my Department to ensure the most effective use of military resources having regard to the roles assigned by Government to the Defence Forces. This includes ongoing review of the organisation, structure and formation of the forces and the consequential requirement for military barracks and other properties. The funding realised from the disposal of surplus property together with pay savings has provided resources for the modernisation of the Defence Forces and has been invested in new infrastructure, equipment and training area development. Any further properties that are considered surplus to military requirements will continue to be disposed of and the funding invested to meet the current and future equipment and infrastructure needs of the Defence Forces. The question concerning the future of Cathal Brugha Barracks, along with the issue of any further consolidation across the Defence Forces as a whole, will be among the issues to be considered in the context of the Estimates process having regard to the report of the Special Group on Public Service Numbers and Expenditure Programmes. Cathal Brugha Barracks is a very significant military installation with a wide range of facilities, accommodation and storage depots and would be costly to replace. This will need to be factored into our consideration,

329 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.] particularly in the current financial situation. Consideration will also need to be given to the operational requirements of the Defence Forces and where personnel would be relocated. The recommendations in the Report of the Special Group on Public Service Numbers and Expenditure Programmes and the decisions on all of the issues arising will be a matter for the Government in the context of the Estimates and budgetary process. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

48. Deputy Willie Penrose asked the Minister for Defence if he will give details of the defence property portfolio; and if he will make a statement on the matter. [42186/09]

Minister for Defence (Deputy Willie O’Dea): The Defence property portfolio consists of a diverse range of facilities from conventional military barracks to forts, camps, dwelling houses and training lands. The principal assets are 23 permanently occupied barracks. The Department also owns 26 premises that are used by the Reserve Defence Forces. A further 51 properties are rented for use by the Reserve. The property portfolio also includes a total of 150 married quarters that are mainly located within the Curragh Camp. The policy is that these should be phased out in a managed and orderly way. The land included in the property portfolio amounts to approximately 20,000 acres, predominantly located at the Curragh, the Glen of Imaal and Kilworth Camp, and is used for military training. Details of all properties owned or rented by the Department are contained in the attached tabular statement. The modernisation process in Defence identified that the dispersal of personnel over an extended number of locations is a major impediment to essential collective training and imposes increased and unnecessary overheads on the Defence Forces in terms of barrack management, administration, maintenance and security. The consolidation of the Defence Forces formations into a smaller number of locations is a key objective of the White Paper on Defence. The Department and the Defence Forces continually review Defence Forces requirements in relation to barracks, infrastructure and other military installations. A total of ten barracks have been closed over the past 10 years. A comprehensive VFM review of military training lands and firing ranges is due to be concluded shortly. I understand that the consultants report will identify opportunities for further consolidation and rationalisation of training land requirements, while pointing to additional requirements in some areas. The report of the consultants will inform the future development of defence training lands and range infrastructure. As is the case in other areas of the defence portfolio, those lands that are surplus to requirements will be disposed of for the benefit of the Defence Forces.

Department of Defence — Property Portfolio

Permanently Occupied Posts

County Location Name Acreage Brigade

1 Cavan Cavan Town Dun Ui Neill 16.25 Western 2 Cork Cork City Collins 59.80 Southern 3 Cork Haulbowline Naval Base 84.00 Southern 4 Donegal Ballyshannon Finner Camp 840.00 Western 5 Dublin Arbour Hill St Bricins 3.00 Eastern 6 Dublin Baldonnel Casement Aerodrome 685.00 Eastern 7 Dublin Blackhorse Ave McKee Barracks 45.00 Eastern 8 Dublin Rathmines Cathal Brugha 46.00 Eastern

330 Questions— 19 November 2009. Written Answers

County Location Name Acreage Brigade

9 Galway Renmore Dun Ui Mhaoiliosa 74.00 Western 10 Kilkenny Kilkenny City Stephen’s Barracks 14.00 Southern 11 Kildare Curragh Ceannt Barracks Curragh 12 Kildare Curragh Clarke Barracks Curragh 13 Kildare Curragh Connolly Barracks Curragh 14 Kildare Curragh McDermott Barracks Curragh 15 Kildare Curragh McDonagh Barracks Curragh 16 Kildare Curragh Pearse Barracks Curragh 17 Kildare Curragh Plunkett Barracks Curragh 18 Limerick Limerick City Sarsfield Barracks 14.80 Southern 19 Louth Dundalk Aiken Barracks 18.00 Eastern 20 Meath Gormanston Gormanston Camp 261.00 Eastern 21 Tipperary Clonmel Kickham Barracks 11.00 Southern 22 Westmeath Athlone Custume Barracks 13.00 Western 23 Westmeath Mullingar Columb Barracks 23.75 Western

Reserve Defence Force Premises — Owned

County Location Acreage Brigade

1 Carlow Mhuine Beag 0.44 Southern 2 Cork Fermoy 13.50 Southern 3 Mallow 0.07 Southern 4 Skibbereen 0.50 Southern 5 Youghal 0.11 Southern 6 Donegal Milford 0.50 Western Mullins Donegal Town Western 7 Galway Ballinasloe 0.50 Western 8 Clifden 0.04 Western 9 Gort 0.20 Western 10 Loughrea 0.23 Western 11 Kerry Killorglin 0.25 Southern 12 Listowel 0.22 Southern 13 Laois Portlaoise 0.07 Southern 14 Leitrim Manorhamilton 0.25 Western 15 Longford Longford Town Western 16 Louth Drogheda 0.40 Eastern 17 Mayo Westport 0.5 Western 18 Meath Kells 0.25 Eastern 19 Navan 0.50 Eastern 20 Roscommon Roscommon town 0.80 Western 21 Tipperary Thurles 0.19 Southern 22 Tipperary Templemore McCann 0.39 Southern Barracks (part) 23 Waterford Dungarvan 0.10 Southern 24 Waterford City Military Barracks 0.8 Southern 25 Wexford Town Military Barracks 1.00 Southern 26 Wicklow Murrough 0.23 Eastern

331 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.]

Reserve Defence Forces — Rented Property

County Name Location F/T or Brigade P/T

1 Carlow Community Hall Borris P/T Eastern 2 St. John’s community Centre Hacketstown P/T Eastern 3 St. Patrick’s GAA Tullow P/T Eastern 4 Clare Community Centre Doonaha P/T Southern 5 Community Centre Milltown Malbay P/T Southern 6 Cork Town Hall Bandon P/T Southern 7 Parochial Hall Bantry P/T Southern 8 Beara Sports Hall Castletownbere P/T Southern 9 Community Hall Charleville P/T Southern 10 Industrial Hall Clonakilty P/T 11 St. Patrick’s Hall Dunmanway P/T Southern 12 Parish Hall Kilworth P/T Southern 13 Millstreet GAA Millstreet P/T Southern 14 Donegal St. Finian’s Hall, Station Rd Falcarragh P/T Western 15 Moville Road Carndonagh F/T Western 16 Community Hall, Massinass Creeslough P/T Western 17 Galway Community Centre Glenamaddy P/T Western 18 Headford College Headford P/T Western 19 Parochial House Carraroe P/T Western 20 Community Centre Oughterard P/T Western 21 Kilkenny Dunamaggin P/T Southern 22 Leitrim Mayflower Ballroom Glenfarne P/T Western 23 Community Hall Carrawallen P/T 24 Drumsna F/T 25 Limerick Community Hall Abbeyfeale P/T Southern 26 Community Centre Boher P/T Southern 27 Town Hall Hospital P/T Southern 28 Community Centre Pallaskenry P/T Southern 29 Community Centre Rathkeale P/T Southern 30 Community Centre Pallas Green P/T Southern 31 Parochial Hall Kilmallock P/T Southern 32 Mayo Community Centre Roundfort Hollymount P/T Western 33 Town Hall Claremorris P/T Western 34 Community Centre Swinford P/T 35 Bohernasup Ballina P/T Western 36 Meath Community Centre Oldcastle P/T Eastern 37 Scoil Mhuire Trim P/T Eastern 38 Monaghan 7 Main street Carrickmacross F/T Eastern 39 Monaghan GAA Monaghan Town P/T 40 Offaly St. Mary’s Hall Ferbane P/T Eastern 41 Kilcruttin Business Park Tullamore F/T Eastern 42 Sligo Unit 12 B, Business Park Cleveragh F/T Western 43 Community Centre Tobercurry P/T Western 44 Tipperary St. Patrick’s Hall Ballymacarbry P/T Southern

332 Questions— 19 November 2009. Written Answers

County Name Location F/T or Brigade P/T

45 Waterford Community Hall Villierstown P/T Southern 46 Wexford St. Aidan’s Hall Bunclody P/T Eastern 47 Community Hall Cortnacuddy P/T Eastern 48 Community Hall Cushinstown P/T Eastern 49 Scout Hall Gorey P/T Eastern 50 Wicklow Parochial Hall Tinahely P/T Eastern 51 Community College Arklow P/T Eastern

Training Facilities — Owned

County Location Name Acreage Brigade

1 Clare Lahinch Lahinch Camp 5.19 Southern 2 Cork Bere Island Bere Island 176.50 Southern 3 Kilworth Kilworth 3352 Southern 4 Whitegate Fort Davis 74.00 Southern Kildare Curragh Curragh lands 4,780.00 Curragh 5 Kerry Tralee Ballymullen 15.00 Southern 6 Wicklow Glen of Imaal Coolmooney Camp 241.00 Curragh 7 Glen of Imaal Artillery Range 6617 Curragh 8 Kilbride Camp and Range 1,574.00 Eastern

Firing Ranges — Owned

County Location Name Acreage Brigade

1 Galway Oranmore 534.0 Western 2 Louth Dundalk Red Barns 13.5 Eastern 3 Roscommon Carna 283.0 Western 4 Cushla 139.0 Western 5 Tipperary Kilcoran 13.5 Southern 6 Templemore Barnane 10.0 Southern 7 Wicklow Bray Kilpeddar 98.0 Eastern

Other Property — Owned

County Location Name Acreage Brigade

1 Cork Beal na Blath Collins Memorial Plot 0.01 Southern 2 Whitegate Curtain’s Well 0.25 Southern 3 Dublin Collins Barracks Esplanade 0.5.0 Eastern 4 Islandbridge Army Boat Club 1.00 Eastern 5 Kildare Blackrath Leased Out 35.50 Curragh 7 Roscommon Boyle Military Barracks 0.50 Western 8 Westmeath Athlone Garynafeala Lands 14.75 Western 9 Wicklow Seskin Range Warden’s Post 1.00 Curragh

333 Questions— 19 November 2009. Written Answers

Question No. 49 answered with Question No. 24.

Defence Forces Reserve. 50. Deputy Pat Rabbitte asked the Minister for Defence if the review of the Reserve Defence Force as part of the 2009 to 2011 phase of the Government’s value for money and policy review initiative has commenced; and if he will make a statement on the matter. [42181/09]

Minister for Defence (Deputy Willie O’Dea): The Government’s Value for Money and Policy Review Initiative is overseen by the Value for Money and Policy Review Central Steering Committee. Government Department’s are required to submit review topics for inclusion in a rolling programme of Value for Money Reviews. The Department of Defence reviews approved by Government for inclusion in the 2009-2011 round of Value for Money and Policy Reviews are: A Value for Money Review of the Reserve Defence Force. A Value for Money Review of the Training of General Service Recruits. Value for Money Reviews are conducted in line with guidelines issued by the Department of Finance. Generic terms of reference for such reviews are outlined in these guidelines. Value for Money Reviews within the Department of Defence are overseen by a Steering Committee and for the 2009-2011 round of Reviews, the Government has decided that an independent chairman will be appointed for each Steering Committee. A Chairman will be drawn from a panel, which has been established for this purpose. The Steering Committee will also comprise of senior managers from the Department of Defence and the Defence Forces and will include representation from the Department of Finance. The Value for Money Review of the Reserve Defence Force is the first review to be undertaken in the 2009-2011 round. Preliminary data gathering has commenced on this Review and a Steering Committee will be established in the coming weeks to oversee and manage the Review. It is anticipated that this review, together with the lessons learned from the Reserve Defence Force Review Implementation Plan, will assist in informing decisions regarding the future development of the Reserve Defence Force.

Registry of Friendly Societies. 51. Deputy John McGuinness asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Parliamentary Question No 216 of 3 November, if she has concerns with the number of trade unions who have not submitted annual returns to the registrar of friendly societies for the years 2006, 2007 and 2008; the action being taken by the registrar of friendly societies to protect the members of the unions concerned; and if she will make a statement on the matter. [42496/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I set out below the statistics to which the Deputy is referring, for ease of reference.

Year No. of Trade Unions Registered Annual Returns Filed

2006 66 49 2007 65 47 2008 65 39

I should point out that the term trade unions in this context also comprises employer and trade associations, and not just the more commonly understood employee trade unions. 334 Questions— 19 November 2009. Written Answers

The number of trade unions who have submitted returns for 2006 and 2007 remained relatively static, with a decrease in 2008. It is the practice of the Registry of Friendly Societies to issue reminders to trade unions where returns have not been submitted on time, and a first such reminder issued in July of this year in respect of the 2008 return. A further reminder is scheduled to issue at the end of this month. On the basis of experience in previous years it is expected that a number of returns will be received over the coming months. Of the 18 trade unions which did not submit a return for 2007, 14 had not submitted a return for a number of years, and are probably moribund. On this basis, while there is some lack of compliance, in particular with the statutory deadline for submission of returns, it has not to date given cause for significant concern.

Financial Services Regulation. 52. Deputy Phil Hogan asked the Minister for Finance the protection available to homeowners who have taken out sub-prime mortgages; his plans to make statutory the code on mortgage arrears; and if he will make a statement on the matter. [42371/09]

Minister for Finance (Deputy Brian Lenihan): The Government took steps in October 2007, via an amendment to the Central Bank Act 1997, to provide for an appropriate system of authorisation and supervision of retail credit firms engaged in specialist or so-called sub-prime lending by the Financial Regulator. Such lenders were not previously subject to financial regulation in respect of lending activities. The primary purpose of this amendment was to extend to customers of these firms the benefit of the consumer protections provided for in the Financial Regulator’s Consumer Protection Code. This regulatory regime has been in place since 1 February 2008 and is being implemented by the Financial Regulator. Consumer credit, including sub-prime lending, is also regulated in Ireland under the Consumer Credit Act 1995. The Act makes detailed provision for the form and content of loan agreements and for advertising of consumer credit. Some non deposit-taking mortgage lenders are required to notify charges under Section 149 of the Consumer Credit Act, 1995 (as amended) to the Financial Regulator for approval. However interest rates are excluded from this requirement. Also, legal fees tend to be imposed by 3rd parties and then passed on directly by the institution to the consumer. In general these do not require approval. When approving fees, the Financial Regulator takes the following criteria into consideration:

• promotion of fair competition;

• commercial justification;

• passing on any costs to customers; and

• the effect on customers or a group of customers.

The Financial Regulator has a Code of Conduct for Mortgage Arrears, which came into effect in February 2009 and which applies to mortgage lending activities with consumers in respect of their principal private residence in the State. The Code is mandatory for all mortgage lenders registered with the Financial Regulator. Under the Code, where a borrower is in difficulty the lender will make every reasonable effort to agree an alternative repayment schedule and will not commence legal action for repossession until after six months from the time arrears first arise. I should also point out that people in serious debt or in danger of getting into serious

335 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.] debt can avail of the services of the Money Advice and Budgeting Service (MABS). This is a national, free, confidential and independent service.

Public Service Contracts. 53. Deputy Paul Kehoe asked the Minister for Finance the reason, when State bodies are putting out tender documents for services, companies providing tenders are requested to provide evidence that they have completed three large public or private contracts in the past three years and the request for tender then states that at least one of these contracts must be a public contract; the way he proposes that new companies to the market will tender for such contracts when previous experience is necessary. [42365/09]

Minister for Finance (Deputy Brian Lenihan): There is no standard requirement of the type described for companies to tender for public service contracts. A general requirement of this kind would be disproportionate. Contractors performing any public contract must have the necessary technical capacity and expertise. A satisfactory track record and successful completion of projects similar to the one being undertaken can be a valid method of providing evidence of expertise and ability. The general position is that criteria relating to the appropriate level of expertise must be proportionate and relevant to the needs of the particular contract. Current public procurement guidelines to contracting authorities require that they encourage new businesses to apply for smaller public contracts and establish a track record which can enable them to progress to competing for larger contracts.

Tax Collection. 54. Deputy Richard Bruton asked the Minister for Finance the interest rates charged on underpayments of tax or late payments; if he will consider modifying them at this time when bank credit for working capital is so constrained. [42379/09]

Minister for Finance (Deputy Brian Lenihan): Interest charges are imposed by the Revenue Commissioners to compensate the Exchequer for the late payment of tax and to ensure that businesses that pay their tax debts in a timely manner are not put at a competitive disadvantage by those businesses that pay late. Notwithstanding the more difficult economic and financial environment for business, timely compliance with tax payment obligations is essential. The statutory rates of interest charged by the Revenue Commissioners in relation to late payment of tax and underpayment of tax were reduced in the Finance Act 2009. The current daily rates of 0.0219% for most taxes and 0.0274% for fiduciary taxes give respective annualised equivalents of 8% and 10% approximately and took effect from 1 July 2009. My Department monitors these interest rates on an on-going basis and assesses their appropriateness having regard to prevailing interest rates and the need to support and maintain high levels of voluntary timely compliance. While the matter is reviewed as appropriate, I have no plans for a further revision at this time.

55. Deputy Richard Bruton asked the Minister for Finance the amount of income tax which was raised in the years 1982, 1987, 1989, 1992, 1994, 1997, 2002 and 2007; and if he will make a statement on the matter. [42381/09]

Minister for Finance (Deputy Brian Lenihan): The Finance Accounts, which are the audited Financial Statements of the Exchequer, are published on an annual basis. Included in the

336 Questions— 19 November 2009. Written Answers accounts are Exchequer tax receipts by tax-head. Set out in the following table are Income Tax receipts in millions of euros for each of the years in question.

Income Tax Receipts

1982 1,853 1987 3,445 1989 3,594 1992 4,334 1994 5,158 1997 6,625 2002 9,063 2007 13,572

56. Deputy Seán Ó Fearghaíl asked the Minister for Finance if he will consider correspondence (details supplied) in relation to a VAT refund issue; and if he will make a statement on the matter. [42388/09]

Minister for Finance (Deputy Brian Lenihan): The question of whether farmers are entitled to claim credit for, or a repayment of, VAT charged to them on the purchase of the Heatime, which allows for more accurate heat detection in cows, depends on whether or not the farmer is registered for VAT. Farmers who are registered for VAT are accountable persons for VAT in respect of all their taxable activities and would be entitled to claim input credit for VAT charged on goods and services used in their taxable activities. The purchase of the Heatime product would be covered by this entitlement. In so far as farmers who are not registered for VAT are concerned, they are not in the normal course entitled to credit for, or repayment of, VAT incurred by them on their business inputs. The Value-Added Tax (Refund of Tax) (No 25) Order, 1993 does provide for refunds to unregistered farmers for tax borne on the “construction, extension, alteration or reconstruction of any building or structure which is designed for use solely or mainly for the purposes of a farming business”. I am informed by the Revenue Commissioners that in November 2008, the VAT Interpreta- tion Branch of Revenue considered a claim for refund under this order in respect of tax borne on a Heatime system. The matter was examined in detail, based on the information provided in support of the claim to Revenue and the detailed information available on the supplier’s website. Based on this examination a decision was made that the Heatime system could not be considered “construction, extension, alteration or reconstruction of a building or structure” and consequently, does not come within the scope of the Order. I have been advised that there is no record of any refund having been made to an unregistered farmer since November 2008. I understand that the Heatime system consists of three different components, a neck tag worn by each animal, a control box, and an ID unit, which reads the information from the tag as the animal passes. The control box and the ID unit are required to be attached to a wall or permanent structure and are connected to the electrical supply. Although two of the components are attached to a permanent structure the installation of these items could not be considered as the “alteration of a building or structure” and therefore VAT would not be refundable under the Order. A milking system or feeding system referred to in the correspondence supplied would only be refundable under the Refund Order if the nature and installation 337 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.] of the system were such that it involved the alteration or reconstruction of a building or structure.

Casino and Gaming Industry. 57. Deputy Paul Kehoe asked the Minister for Finance the position regarding casinos operating here; if they are outside or inside the jurisdiction of the law; if they are outside of the law, the reason the Revenue Commissioners are prepared to register them for VAT and income tax; and if he will make a statement on the matter. [42390/09]

Minister for Finance (Deputy Brian Lenihan): With regard to the legal status of casinos, I have been informed by my colleague the Minister for Justice, Equality and Law Reform, that under Irish law, gaming is illegal, except where it is specifically permitted under the 1956 Gaming and Lotteries Act 1956, as amended. Certain gaming activities are prohibited, including what could be described as casino gaming, i.e. games where by reason of the nature of the game the chances of all players including the banker are not equal. It is by reference to this provision that casinos are not lawful in the State. The Report Regulating Gaming in Ireland reported that private members’ clubs offering casino-gaming, do so on the basis of the provisions in the Gaming and Lotteries Acts that permit private gaming. It is not appropriate to offer a legal opinion in this regard. It is, however, the responsibility of the Garda authorities to investigate breaches of the Gaming and Lotteries legislation, and to take whatever action is appropriate. The Garda authorities are aware of private members’ clubs offering casino-like activities. These private clubs are visited by the Gardaí who are prepared to take appropriate action where irregularities are detected that would justify a prosecution under the Gaming & Lotteries Acts 1956-2003, including seeking the directions of the DPP. The rise of private members’ gaming clubs is one of the factors that prompted a fundamental rethink about our gambling legislation. The Minister for Justice, Equality and Law Reform has initiated a wide-ranging review of gambling the objective of which is to provide Government with options for a new and comprehensive legal and organisational framework governing the gambling architecture in the State, including the regulation of places offering casino-like gaming and the regulation of remote gambling, e.g gambling over the internet. The Casino Gaming Control Section of the Department will be responsible for bringing forward proposals, including a draft Bill for a revised gambling code. The Casino Gaming Control Section of the Department of Justice, Equality and Law Reform is, as a consequence, consulting widely with stakeholders — statutory, NGO and the private sector — and with the community at large before bringing forward any proposals. The Depart- ment will, with the benefit of the consultation process and on the receipt of submissions, develop legislative proposals based on three important considerations which are the hallmark of most well-regulated gambling codes. These are:

• that young people and the vulnerable are protected

• that gambling should in all respects be fairly and openly conducted, and

• that gambling is kept free of crime

Developing a revised gambling code that is capable of generating broad public support is a complex task. Notwithstanding that, the Minister for Justice, Equality and Law Reform has instructed the Casino Gaming Control Section to make every effort to provide him with policy

338 Questions— 19 November 2009. Written Answers options for a new gambling architecture as soon as possible which will include proposals for a draft Bill on the subject. Ultimately, it will be for Government to agree the policy approach to be legislated for in this area. In advance of the review of gambling, the Minister for Justice, Equality and Law Reform decided that private members’ clubs at which gambling activities are carried on will have to comply with relevant anti-money laundering and terrorist financing legislation. On 28 July 2009, the Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009 was published which will transpose the 3rd EU Money Laundering Directive into Irish Law. The second stage of this Bill is being taken in the Dáil on Thursday, 19 November and it is expected that the Bill will be passed by both Houses of the Oireachtas this session. In so far as the taxation of casinos is concerned, I am advised by the Revenue Commissioners that casinos are treated the same as any other business entity. Depending on the legal nature of the person or entity carrying on a business of providing casino services or facilities, either income tax or corporation tax is chargeable on the taxable profits of the person or entity concerned. Individuals would also be liable to income levy in respect of their income from such a business. Any such business would also be legally obliged to PAYE and PRSI in respect of wages, salaries, etc paid to its employees. As regards VAT, the EU VAT Directive 2006 permits Member States to limit the scope of the VAT exemption for betting, lotteries and other forms of gambling. Under Irish VAT law, the exemption for gambling is confined to licensed betting, betting on the Tote and lotteries. Accordingly, all gambling and gaming activities carried on in casinos in the State are regarded for VAT purposes as taxable activities, and the persons carrying on such activities must register and account for VAT in respect of those activities where their annual turnover from the activities exceeds a threshold of \37,500. The rate of VAT applicable is the standard rate of 21.5%.

Banking Sector Regulation. 58. Deputy Paul Kehoe asked the Minister for Finance if he is satisfied that Anglo Irish Bank is functioning to service the needs of existing customers who are performing within their business and in respect of their loan repayments; if he is further satisfied that the approach being taken by the bank is sufficiently customer friendly and efficient to continue to develop the business of existing customers who require ongoing finance, not just to develop their business but to reduce their indebtedness to the bank; the level of money approved by the bank in the form of working capital in respect of the period from nationalisation to date in 2009; and if he will make a statement on the matter. [42391/09]

Minister for Finance (Deputy Brian Lenihan): As the Deputy may be aware, as a condition of EU State aid approval for the provision of \4bn in capital to Anglo Irish Bank, the bank is not permitted to engage in new lending except to existing customers for existing projects. Capital was provided to Anglo to protect the economy from the wider losses that would have occurred in the event of a failure of the bank, to protect the deposit base of the bank, and to prevent the bank becoming a systemic threat to the financial system. The current position on new lending by Anglo enables the bank to lend to provide for the completion of existing projects and to allow existing customers to reduce their indebtedness, thereby protecting the bank’s asset quality. Any change from this position will be a matter for consideration as part of the process of agreeing a restructuring plan for Anglo. The bank is operating within the parameters of the EU State aid decision and the terms of the subscription agreement for the capital provision, and I have no involvement in the day to day issues.

339 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.] The specific figure for approvals of working capital by Anglo since nationalisation is commer- cially sensitive and can not be disclosed at this time. As with other financial institutions, detailed information on Anglo’s financial position is published in the bank’s annual and half-year accounts. Anglo is currently finalising a restructuring plan, which will examine all options for the future of the bank, and which will set out the future strategy for the bank. The restructuring plan will be submitted by the end of November to the European Commission for consideration and approval in line with EU State aid requirements.

Departmental Staff. 59. Deputy Paul Kehoe asked the Minister for Finance the level of expenses paid to the staff of the Revenue Commissioners in the past 12 months, in particular the level of moneys issued for overnight allowances; the average rate per head per night staying away from home; and if he will make a statement on the matter. [42392/09]

Minister for Finance (Deputy Brian Lenihan): The payment of expenses to civil servants in respect of costs incurred in connection with their official duties, including officials in the Office of the Revenue Commissioners, is provided for in Circulars issued by my Department. The rates payable in respect of expenses incurred in Ireland were reduced with effect from 5 March 2009 in line with a Government decision and are set out in Circular 07/2009. The rates payable in respect of expenses incurred in foreign travel vary depending on the destination. The current rates are those set out in Circular 24/2009. The Estimates voted by this House provided \4.262 million to the Office of the Revenue Commissioners for 2009 in respect of travel and subsistence expenses for an average staff complement of 6,500. I understand that the amount spent to 31 October 2009 is \2.815 million. The Deputy enquired specifically about expenditure in respect of overnight allowances. The current overnight rate in the State is \108.99 (Class A) and \107.69 (Class B). This covers accommodation costs and meals, etc over a 24-hour period. I have been informed by the Revenue Commissioners that the \2.815 million includes an amount of \0.902 million incurred under the overnight rates. The Revenue Commissioners have explained that the \2.815 million also includes amounts in respect of travel, whether by public transport or by private car. It also includes expenses incurred in attending meetings in Brussels and at other destinations abroad. The Deputy will appreciate that the nature of the work carried out by Revenue necessitates a significant amount of travel and work away from desks, in particular their compliance and enforcement roles. Examples include audits, which yielded \569 million in 2008 and operations and investigations involving the prevention and detection of the illegal importation of cigarettes in the course of which 213 million cigarettes have been seized to date this year.

Tax Code. 60. Deputy George Lee asked the Minister for Finance if he will provide confirmation that the allowance of a person (details supplied) is not taxable; and if he will make a statement on the matter. [42395/09]

Minister for Finance (Deputy Brian Lenihan): The position is that the guardian’s payment, whether contributory or non-contributory, is taxable. However, such a payment is not treated for tax purposes as income of the guardian but rather as income of the child in respect of whom it is paid. As regards the extent, if any, to which taxation actually arises in a given case, this depends on the nature and level of income of a child and the level of his or her tax credits for a tax year. For example, if a child has no income other than the guardian’s payment, then the basic personal credits in force may, in most cases, be sufficient so as to ensure that there is no tax to be paid by that child in respect of the guardian’s payment applicable to him or her.

340 Questions— 19 November 2009. Written Answers

In contrast, if a guardian’s payment is payable in respect of a child and that child has other income such as rental income for example, then both the guardian’s payment and the rental income would constitute the child’s income for tax purposes. In this scenario, the child may, depending on the level of his or her total income, have a tax liability.

National Statistics. 61. Deputy Brendan Kenneally asked the Minister for Finance the number of PAYE workers in the Waterford tax district earning less than \10,000, earning between \10,001 and \20,000, earning between \20,001 and \30,000, earning between \30,001 and \40,000, earning between \40,001 and \50,000, earning between \50,001 and \60,000, earning between \60,001 and \70,000, earning between \70,001 and \80,000, earning between \80,001 and \90,000, earning between \90,001 and \100,000, earning between \100,001 and \125,000, earning between \125,001 and \150,000, earning between \150,001 and \175,000, earning between \175,001 and \200,000 and earning in excess of \200,000; the number of public sector workers in each of those income brackets; and if he will make a statement on the matter. [42401/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the latest relevant sector-based information available on employees taxed under the PAYE system is derived from income tax returns filed for the income tax year 2007 and represents about 96% of all returns expected at the time the data were compiled for analytical purposes. On this basis the numbers of PAYE and public sector employees in the Waterford tax district is set out as follows:

Income Tax Year 2007 All PAYE Employees (including Public Sector Employees public sector employees)

Range of Gross Income Total Number Total Number

– \10,000 10,845 1,561 \10,001 – \20,000 10,372 2,036 \20,001 – \30,000 10,574 2,238 \30,001 – \40,000 6,896 2,138 \40,001 – \50,000 3,831 1,610 \50,001 – \60,000 2,377 934 \60,001 – \70,000 1,612 656 \70,001 – \80,000 1,031 460 \80,001 – \90,000 590 319 \90,001 – \100,000 395 205 \100,001 – \125,000 454 301 \125,001 – \150,000 148 124 \150,001 – \175,000 65 31 \175,001 – \200,000 17 10 Over \200,000 37 8

Totals 49,244 12,631 Notes: The sector identifier used on the tax records is based on the 4-digit NACE code (Rev. 1), which is an internationally recognised economic activity code system. The information provided in relation to public sector employees is based on activities which are classified in the NACE code system as Public Administration and Defence; compulsory Social Security, Education and Health and Social work but excluding the categories of Driving School Activities, Dental Practice Activities and Veterinary Activities as being more appropriate to the private sector. A married couple, which has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

341 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.] The source of the information provided in relation to numbers and tax is the P35 end year returns filed by employers in respect of their employees but does not include the corresponding figures relating to PAYE taxpayers who are required to return an income tax return form 11 where non-PAYE income is greater than \3,174.

Tax Code. 62. Deputy Tom Sheahan asked the Minister for Finance the reason the second home levy of \200 is non-tax deductible to members of an organisation (details supplied); and if he will make a statement on the matter. [42412/09]

Minister for Finance (Deputy Brian Lenihan): Under the provisions of the Tax Acts, a person in receipt of rental income is assessed to income tax on the net amount of the rents received (i.e. the gross rents less allowable expenses incurred in earning those rents). In computing the net amount of the rents received, only those deductions that are specified in section 97(2) of the Taxes Consolidation Act 1997 are allowable. The main deductible expenses are:

• Any rent payable by the landlord in the case of a sub-lease;

• The cost to the landlord of any goods provided or services rendered to a tenant;

• The cost of maintenance, repairs, insurance and management of the property;

• Interest on borrowed money used to purchase, improve or repair the property;

• and Payment of local authority rates in the case of rateable properties used for commercial purposes.

As payment of the new local authority charge for residential properties is not included on the list of allowable deductions, it is not an allowable expense in computing taxable rental income.

Illicit Trade in Tobacco. 63. Deputy Joe McHugh asked the Minister for Finance the number of ships boarded and searched in the port of Sligo in the years 2005, 2006, 2007, 2008 and up to 31 October 2009 by Revenue and customs and excise; the quantities of illegal cigarettes found as a result of these searches; the number of visits made to street markets in counties Sligo and Leitrim in search of illegal cigarettes from 2005 to 31 October 2009; the number of full time customs and excise staff assigned solely to these duties in 2005 to date in 2009; and if he will make a statement on the matter. [42415/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that the risk posed by the smuggling of illegal tobacco products at Sligo Port and in the counties of Sligo/Leitrim is continuously assessed. The development of information and intelligence is critical to the detection of such activity, and enforcement action is selective and targeted, based on the analysis and evaluation of seizure trends, various risk indicators and specific intelligence, both national and international. A selection of vessels have been targeted by customs in Sligo Port for the years in question. This has involved profiling the movements and previous ports of call of arriving vessels, carrying out covert surveillance, identifying crew members, interviewing captains and other responsible ships officers, and undertaking search operations. However, it is not the policy of the Revenue Commissioners to publish details of such enforcement activities, as this could prejudice current or future operations. I am further advised by the Revenue Commissioners that street markets in counties Sligo and Leitrim are covertly monitored on an almost weekly basis by enforcement officers seeking

342 Questions— 19 November 2009. Written Answers to identify the illegal sale of smuggled or counterfeit tobacco products. The same policy concerning the publication of details of such activity applies. For the years in question, up to the present, there have been eight Revenue personnel based in Sligo and assigned to enforcement duties for both customs and excise. Their deployment takes account of available intelligence, identified trends and changing patterns of evasion. Their duties include the enforcement activities mentioned already, together with the prevention and detection of illegal drug smuggling at ports and airports, through the postal/courier services and along the coastline. They are also active in other anti-evasion activities. The level of staffing involved in enforcement is kept under review in the context of the Commissioners’ overall staffing complement and Government policy on public service numbers.

Public Sector Staff. 64. Deputy Joe McHugh asked the Minister for Finance the number of full-time and part- time positions that remain vacant due to the public sector recruitment embargo; the pertinent public sector areas; and if he will make a statement on the matter. [42416/09]

Minister for Finance (Deputy Brian Lenihan): The monitoring and management of vacancies in any Public Service organisation employing Civil or Public Servants is a matter for the Government Department under whose aegis the organisation operates. The moratorium applies to the filling of posts by recruitment and promotion and does not preclude in any way the reallocation or reorganisation of work or staff according to needs or, with my Department’s approval, the filling of posts through redeployment from within the public service. It must also be remembered that changes in the services provided and in their delivery, in the allocation of work and in the use of information technology are taking place on an ongoing basis within Departments and agencies and can have a significant bearing on the allocation on of staff and responsibilities. Accordingly, vacancies in an organisation calculated solely on the basis of staff departures would not necessarily correspond with an actual need for staff at any particular time. As regards the Department of Finance, the position is as follows. The total number of staff serving (whole-time equivalent) on 27 March 2009 (the date of issue of the Department of Finance letter advising Departments and Offices of the Moratorium on filling vacancies) was approximately 608.5. The number serving at 17 November 2009 was approximately 579.5. Prior- itisation of resource allocation in my Department, including the management of vacancies, is carried out on an ongoing basis, taking account of the recommendations of the report of the special group on public service numbers and expenditure programmes. The Department is currently engaged in a restructuring exercise as a consequence of a number of retirements, both under the incentivised scheme of early retirement (ISER) and normal retirements, along with other departures. This process is still ongoing. Based on the latest information available to officials in my Department, the number of vacancies in each of the other Votes within the Finance Group is as follows:

Vote Vacancies (whole time equivalents)

Comptroller & Auditor General 24.9 Public Appointments Service 13.1 State Laboratory 3 Office of the Ombudsman 14 Valuation Office 22 Revenue Commissioners 305

343 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.]

Information is not yet available in respect of the Office of Public Works, and I have arranged for the relevant information to be communicated directly to the Deputy as soon as possible.

Departmental Staff. 65. Deputy Joanna Tuffy asked the Minister for Finance the number of staff employed in each Government Department at the end of 2007, 2008 and at the end of October 2009 in tabular form; and if he will make a statement on the matter. [42430/09]

Minister for Finance (Deputy Brian Lenihan): The number of staff employed in each Govern- ment Department at the end of 2007, 2008 and at the end of October 2009 is set out in tabular form below.

Non Industrial Civil Servants 2007 2008 2009 Dec Dec Oct

Department 36,619.65 37,421.35 36,387.87 Agriculture, Fisheries & Food 4,294.08 4,203.94 3,938.34 Arts, Sport & Tourism 171.30 174.43 149.70 Attorney General 128.68 127.89 122.59 Central Statistics Office 825.08 846.97 802.75 Chief State Solicitor 236.63 244.93 233.93 Commission For Public Service Appointments 9.00 12.00 9.60 Communications Energy & Nat. Resources 320.46 288.41 278.12 Community, Rural & Gaeltacht Affairs 273.82 272.56 264.66 Comptroller & Auditor General 139.90 153.90 158.80 Courts Service 1,112.76 1,098.01 1,043.60 Defence 398.64 402.04 380.61 Director Of Public Prosecutions 191.60 196.80 194.92 Education & Science Group 1,600.88 1,660.58 1,602.04 Enterprise Trade & Employment Group 1,046.48 1,103.24 1,032.31 Environment Heritage & Local Government 1,275.92 1,204.42 1,116.06 Finance 658.13 630.57 605.36 Foreign Affairs Group 1,558.70 1,543.95 1,592.00 Health & Children 603.56 514.10 507.67 Justice Group 4,689.54 5,288.56 5,078.81 National Gallery 54.50 59.00 56.00 Office Of Public Works 700.58 721.83 683.36 Oireachtas 464.70 440.71 434.72 Ombudsman 85.49 93.73 87.63 Presidents Establishment 22.23 21.30 21.30 Prisons 3,501.15 3,641.17 3,583.87 Public Appointments Service 150.83 146.36 121.76 Revenue Commissioners 6,660.77 6,658.66 6,314.68 Social & Family Affairs 4,486.89 4,610.44 4,955.86 State Laboratory 89.20 91.05 94.35 Taoiseach 243.08 232.86 212.70 Transport 468.04 578.71 553.34 Valuation Office 157.03 158.23 156.43

344 Questions— 19 November 2009. Written Answers

The numbers correspond to full-time equivalent staff serving in General Service, Professional and Technical grades in the Civil Service for the period specified.

66. Deputy Joanna Tuffy asked the Minister for Finance the number of staff, in each Depart- ment, who have been approved for the incentivised scheme of early retirement; and if he will make a statement on the matter. [42433/09]

Minister for Finance (Deputy Brian Lenihan): The information requested by the Deputy is set out in tabular form below. In summary, the information reported to my Department by mid-November indicates that some 818 civil servants have had their applications approved for the incentivised scheme for early retirement (ISER). These Civil Service numbers are based on returns from all Depart- ments and Offices. In the wider public service, some 167 public servants have had their applications approved for the incentivised scheme for early retirement (ISER). However, it should be noted that information is not expected from the local authorities until later in November. Also, processing of applications under the ISER has been suspended in the health sector as a result of a direction by IMPACT and some other health unions to their members not to co-operate with redeployment. As the closing date for the scheme was extended to 23 October, and the monitoring process is continuing, additional information is expected to become available in due course.

Department — Ministerial Vote Groups Civil Servants Public Servants

Agriculture, Fisheries & Food 51 23 Arts, Sports & Tourism 2 6 Communications, Energy & Natural Resources 7 — Community, Rural & Gaeltacht Affairs 10 7 Defence 11 1 Education & Science 17 29 Enterprise, Trade & Employment 31 74 Environment, Heritage & Local Government 39 3 Finance Group 389* — Foreign Affairs 16 — Health & Children 25 20 Justice, Equality & Law Reform 106 — Social & Family Affairs 75 — Taoiseach 16 — Transport 23 4

Total 818 167 *Of which 322 are from the Revenue Commissioners.

Tax Code. 67. Deputy James Reilly asked the Minister for Finance the details of the tax relief for nursing home expenses; the number of persons benefiting from tax relief for nursing home expenses; the number benefiting for each of the past ten years for which most recent information is available; the cost per annum for same; and if he will make a statement on the matter. [42445/09] 345 Questions— 19 November 2009. Written Answers

Minister for Finance (Deputy Brian Lenihan): The position is that income tax relief is available in respect of nursing home fees under the heading of health expenses, in accordance with section 469 of the Taxes Consolidated Act 1997. From 1 January 2007, relief is available for expenditure incurred on health expenses by an individual in respect of him/herself or on behalf of any other individual. For all years up to and including 2006, relief was only available for health expenses incurred in respect of him/herself, a relative or an individual aged 65 years (or over) or who is permanently incapacitated by reason of mental or physical infirmity. The relief is available at the individual’s marginal rate of tax in respect of nursing home expenses. The nursing home must be entered on the Revenue approved list of hospitals which is available on the Revenue website at http://www.revenue.ie/ I am informed by the Revenue Commissioners that data on claims for tax relief for nursing home expenses are not captured in such a way as to provide a dedicated basis for compiling estimates of cost to the Exchequer and numbers availing of the relief. Claims for this relief are aggregated in Revenue records with other health expenses claims. Accordingly, the specific information requested is not readily available and could not be obtained without conducting a protracted investigation of the Revenue Commissioners’ records. However, information on the cost to the Exchequer and the numbers of claimants availing of health expenses tax relief generally is available for the income tax years 1998 to 2006 inclusive, the most recent year for which final data is available.

68. Deputy James Reilly asked the Minister for Finance the details of the permanent health benefits scheme; the number of persons benefiting from this for each of the past ten years for which most recent information is available; the cost per annum; and if he will make a statement on the matter. [42446/09]

Minister for Finance (Deputy Brian Lenihan): The position is that income tax relief for contributions paid to permanent health benefit schemes is allowable in accordance with section 471 of the Taxes Consolidated Act 1997.This section provides relief for premiums paid to a permanent health benefit schemeapproved by the Revenue Commissioners which provides for periodic payments to an individual in the event of loss or diminution of income due to ill health. The relief is confined to an amount not exceeding 10% of the individual’s total income for any tax year. Information on the cost to the Exchequer and the numbers of claimants availing of the relief in respect of the permanent health benefit schemes is available for the income tax years 1998 to 2006 inclusive, the most recent year for which final data is available. The relevant figures are shown in the following table:

Year Ended 5th April or 31st Numbers of Claimants Estimated Cost of Tax Relief December as specified

05/04/1998 N/A 3.4 05/04/1999 63,000 3.5 05/04/2000 65,100 3.8 05/04/2001 64,900 3.7 31/12/2001 22,900 1.5 31/12/2002 20,000 1.7 31/12/2003 20,300 2.0 31/12/2004 21,300 2.5 31/12/2005 21,600 3.2 31/12/2006 23,000 3.1

346 Questions— 19 November 2009. Written Answers

Relief for Contributions to Permanent Health Benefit Schemes Part of the cost of contributions to permanent health benefit schemes, and the associated numbers of claimants, is not identifiable as a result of the move to a “net pay” basis for contributions by PAYE taxpayers from 6 April, 2001. The numbers availing represent income earners who were in a position to absorb at least some of the tax relief and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax relief’s were sufficient to reduce their liability to tax to nil without reference to the specific relief. The numbers availing are rounded to the nearest hundred, as appropriate. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

69. Deputy James Reilly asked the Minister for Finance the details of the tax relief for long- term care introduced in 2001; the eligibility criteria for same; the number of persons that have benefited from the relief since its introduction; the cost per annum for same; and if he will make a statement on the matter. [42447/09]

Minister for Finance (Deputy Brian Lenihan): The position is that section 470A of the Taxes Consolidation Act 1997 provides for tax relief, similar to that currently available for medical insurance, in respect of premiums on qualifying insurance policies designed to provide cover, in whole or in part, for future care needs of individuals who are unable to perform at least two activities of daily living or are suffering from severe cognitive impairment. The tax relief is available at the standard rate and will be given under a relief at source system, that is, the subscriber will be able to deduct the relief from the gross premium due. The amount deducted will be refunded by the Revenue Commissioners to the insurer. Benefits payable under a qualifying policy will not be taxable. Qualifying policies, which must be approved by the Revenue Commissioners, may be taken out by an individual in relation to him/herself, his or her spouse and children, and other relatives. No claims have been submitted to the Revenue Commissioners for relief under this section.

70. Deputy James Reilly asked the Minister for Finance the details of the incapacitated child tax credit; the value of the tax credit; the number of persons that have benefited from the credit for each of the past ten years for which the most recent information is available; the cost per annum for same; and if he will make a statement on the matter. [42448/09]

Minister for Finance (Deputy Brian Lenihan): The position is that section 465 of the Taxes Consolidation Act 1997 provides for a tax credit of \3,660 for the tax year 2009 where the claimant has living with him or her any child who, at any time during the relevant tax year to which the claim refers—

(a) is under the age of 18 years and is permanently incapacitated by reason of mental or physical infirmity, or

(b) if over the age of 18 years at the commencement of the year, is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself.

If the child is aged 21 or over, the incapacity must have arisen before the child became 21 or while the child was in receipt of full time instruction at any university, college, school or other educational establishment. The tax credit can also be claimed in respect of—

• a step-child;

• a formally adopted child;

347 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.]

• an informally adopted child or any child in respect of whom the claimant has custody, who meets the criteria set out above and who is maintained at the claimant’s own expense. Where more than one child is permanently incapacitated, a tax credit may be claimed in respect of each such child. Information on the cost to the Exchequer and the numbers of claimants availing of the incapacitated child tax credit relief is available for the income tax years 1998 to 2006 inclusive, the most recent year for which final data is available. The relevant figures are shown in the following table.

Incapacitated Child Tax Credit

Year Ended 5th April or 31st Number of Claimants Estimated Cost December as specified

05/04/1998 N/A 3 05/04/1999 9,400 3 05/04/2000 9,600 4 05/04/2001 9,100 4 31/12/2001 8,800 3 31/12/2002 8,800 4 31/12/2003 9,000 5 31/12/2004 9,800 5 31/12/2005 10,400 10 31/12/2006 11,000 16

The numbers availing of the credit represent income earners who were in a position to absorb at least some of the incapacitated child tax credit and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax credits were sufficient to reduce their liability to tax to nil. The numbers availing are rounded to the nearest hundred and the costs are rounded to the nearest million, as appropriate. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

71. Deputy James Reilly asked the Minister for Finance the details of the allowance for employing a carer; the value of the allowance; the number of persons that have benefited from the allowance for each of the past ten years for which the most recent information is available; the cost per annum for same; and if he will make a statement on the matter. [42449/09]

Minister for Finance (Deputy Brian Lenihan): Section 467 of the Taxes Consolidation Act 1997, provides for a tax deduction at an individual’s highest rate of tax in respect of the costs incurred by that individual of employing another person (including a person whose services are provided by or through an agency) to take care of him/herself, a spouse or a relative who, throughout the relevant tax year, is totally incapacitated by reason of physical or mental infirmity. The maximum amount allowable for tax relief is \50,000 for 2006 and subsequent tax years (\30,000 for previous tax years) or, if lower, the actual amount expended in the relevant tax year in employing the person. An important point to note about this tax relief is that the person incurring the cost of the care, employs the carer. The tax relief does not apply where the carer is in business on his/her own account as a self-employed person. Information on the cost to the Exchequer and the 348 Questions— 19 November 2009. Written Answers numbers of claimants availing of the relief for employing a carer is available for the income tax years 1998 to 2006 inclusive, the most recent year for which final data is available. The relevant figures are shown in the following table.

Employed person taking care of an incapacitated individual

Year ended 5 April or 31 December Numbers of Claimants Estimated Cost of Tax Relief (as specified)

05/04/1998 N/A 0.4 05/04/1999 400 0.4 05/04/2000 400 0.5 05/04/2001 500 0.8 31/12/2001 500 0.4 31/12/2002 600 0.6 31/12/2003 1,000 0.9 31/12/2004 900 1.3 31/12/2005 700 1.8 31/12/2006 800 2.8

The numbers availing represent income earners who were in a position to absorb at least some of the tax relief and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax reliefs were sufficient to reduce their liability to tax to nil without reference to the specific relief. The numbers availing are rounded to the nearest hundred as appropriate. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

72. Deputy James Reilly asked the Minister for Finance the details of the dependent relative tax credit; the number of persons who have benefited from the credit for each of the past ten years for which the most recent information is available; the cost per annum for same; and if he will make a statement on the matter. [42450/09]

Minister for Finance (Deputy Brian Lenihan): The position is that section 466 of the Taxes Consolidation Act 1997 enables an individual to claim the dependent relative tax credit, currently \80 for a tax year if, in that tax year, the claimant maintains at his/her own expense:

(a) a relative of the claimant or of the claimant’s spouse, who is incapacitated by old age or infirmity from maintaining himself/herself; or

(b) the widowed father (or the widowed mother) of the claimant or of the claimants spouse, whether incapacitated or not , or

(c) a son or daughter of the claimant living with the claimant on whose services the claimant, by reason of old age or infirmity, has to depend.

Entitlement to this tax credit is conditional on the individual, in respect of whom the dependant relative tax credit is being claimed, not having total income from all sources for the relevant tax year in excess of a sum equal to the specified amount. The specified amount means an amount which does not exceed by more than \280 the maximum contributory State pension to which an individual, not necessarily the dependent relative, would be entitled if s/he were over 80 years, had no dependants, lived alone and was ordinarily resident on an island. 349 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.]

Where two or more individuals jointly maintain a dependent relative, the tax credit is divided between such individuals in proportion to the amounts or value of their respective contributions towards the maintenance of that individual. Information on the cost to the Exchequer and the numbers of claimants availing of the dependent relative tax credit relief is available for the income tax years 1998 to 2006 inclusive, the most recent year for which final data is available. The relevant figures are shown in the following table.

Dependent Relative Tax Credit

Year Ended 5th April or 31st Numbers of Claimants Estimated Cost of Tax Credit December as specified

05/04/1998 22,100 1.1 05/04/1999 21,000 1.1 05/04/2000 20,200 1.1 05/04/2001 17,800 1.2 31/12/2001 17,800 0.8 31/12/2002 16,600 1.1 31/12/2003 16,000 1.1 31/12/2004 15,700 1.05 31/12/2005 15,200 1.02 31/12/2006 15,500 1.4

The numbers availing of the credit represent income earners who were in a position to absorb at least some of the dependent relative tax credit and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax credits were sufficient to reduce their liability to tax to nil. The numbers availing are rounded to the nearest hundred, as appropriate. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

73. Deputy James Reilly asked the Minister for Finance the details of the blind person’s tax credit; the value of the credit; the number of persons that have benefited from the credit for each of the past ten years for which the most recent information is available; the cost per annum for same; and if he will make a statement on the matter. [42451/09]

Minister for Finance (Deputy Brian Lenihan): The position is that, under the provisions of section 468 of the Taxes Consolidated Act 1997, an individual is entitled to the blind person’s tax credit for a tax year during which he or she is blind. An individual may also claim a similar tax credit in respect of his or her spouse where the spouse is blind and the couple is jointly assessed to income tax for the relevant tax year in respect of which the blind person’s tax credit is due. The blind person’s tax credit is currently \1,830 per annum. Where a husband and wife are both blind and are jointly assessed the tax credit is \3,660 per annum. A “blind person” is a person whose central visual acuity does not exceed 6/60 in the better eye with correcting lenses, or whose central visual acuity exceeds 6/60 in the better eye or in both eyes but is accompanied by a limitation in the fields of vision that is such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. Information on the cost to the Exchequer and the numbers of claimants availing of the blind person’s tax credit is available for the income tax years 1998 to 2006 inclusive, the most recent year for which final data is available. The relevant figures are shown in the following table: 350 Questions— 19 November 2009. Written Answers

Blind Person’s Tax Credit

Year Ended 5th April or 31st Numbers of Claimants Estimated Cost of Tax Credit December as specified

05/04/1998 900 0.3 05/04/1999 1,000 0.5 05/04/2000 1,100 0.7 05/04/2001 1,000 0.8 31/12/2001 900 0.5 31/12/2002 850 0.7 31/12/2003 850 0.7 31/12/2004 800 0.7 31/12/2005 900 0.8 31/12/2006 900 1.2

The numbers availing of the credit represent income earners who were in a position to absorb at least some of the tax credit and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax credits were sufficient to reduce their liability to tax to nil. The numbers availing are rounded to the nearest fifty, as appropriate. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

74. Deputy James Reilly asked the Minister for Finance the details of the tax concessions for disabled drivers and disabled passengers; the number of persons that have benefited from the credit for each of the past ten years for which the most recent information is available; the cost per annum for same; and if he will make a statement on the matter. [42452/09]

Minister for Finance (Deputy Brian Lenihan): The tax concessions available under the Dis- abled Drivers and Disabled Passengers (Tax Concessions) Scheme for a qualifying person are as follows.

• For a disabled driver, the relief (from VRT and VAT) is a maximum of \9,525, with excise relief on up to 600 gallons (2728 litres) of fuel per annum.

• For a disabled passenger the relief (from VRT and VAT) is a maximum of \15,875, with excise relief on up to 600 gallons (2728 litres) of fuel per annum.

• Organisations looking after the disabled are entitled to a relief of \15,875 per vehicle and excise relief on up to 900 gallons (4092 litres) of fuel per annum.

Vehicles coming under the scheme are also exempt from annual road tax. In the year of purchase of a car a claimant receives benefits relating to the purchase of the car, fuel relief and road tax, in other years the benefits received are in respect of fuel and road tax. The number of claims for VRT relief under the scheme, and the cost of the tax concessions (VRT, VAT and excise on fuel) for the past ten years, is set out in the following table. The cost of the exemption from annual road tax is not readily available but it is estimated to have been around \8 million in 2008, bringing the overall cost of the scheme in that year to around \76 million.

351 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.] Details of the reliefs over the past 10 years.

Year Number of claims for VRT relief on Costs of VRT, VAT and relief from the purchase of vehicles(a) excise duty on fuel

1999 2,615 22.0 2000 3,399 27.0 2001 3,420 30.5 2002 3,806 34.7 2003 3,720 36.0 2004 4,447 45.1 2005 4,773 49.5 2006 3,612 59.3 2007 6,127 64.4 2008 6,405 68.3 (a)It is estimated that the number of people in the scheme is around 2.1 times the annual number of VRT claimants.

Departmental Reports. 75. Deputy James Reilly asked the Minister for Finance his view on the recommendations of the interdepartmental review group made in 2002 on tax concessions for disabled drivers and disabled passengers; and if he will make a statement on the matter. [42453/09]

Minister for Finance (Deputy Brian Lenihan): A special interdepartmental review group reviewed the operation of the disabled drivers scheme. It examined the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The report also made a number of recommendations, both immediate and long-term, referring respectively to the operation of the appeals process and options for the future development of the scheme. The group’s report is published on my Department’s website. Some 13,000 people benefited under the scheme in 2008 at an overall estimated cost of \76 million. Any changes would have to be considered in the context of the annual budget.

Tax Code. 76. Deputy Leo Varadkar asked the Minister for Finance the revenue to the Exchequer that would be generated from a new 48% tax applied to income of more than \100,000; and if he will make a statement on the matter. [42456/09]

Minister for Finance (Deputy Brian Lenihan): It is assumed that the threshold for the proposed new tax band mentioned by the Deputy would not alter the existing standard rate band structure applying to single and widowed persons, to lone parents and married couples. I am advised by the Revenue Commissioners that the estimated full year yield to the Exchequer, estimated by reference to 2010 incomes, of the introduction of a new 48% rate would be of the order of \375 million. (This amount represents an upward revision in the estimate given to a similar question, No. 265, on 3 November 2009). Given the current band structures, major issues would need to be resolved as to how in practice such a new rate could be integrated into the current system and how this would affect the relative position of different types of income earners. This figure is an estimate from the Revenue tax-forecasting model using actual data for the year 2007, adjusted as necessary for income and employment trends for the year 2010. It is therefore provisional and likely to be revised. 352 Questions— 19 November 2009. Written Answers

Financial Institutions Support Scheme. 77. Deputy Joanna Tuffy asked the Minister for Finance if home mortgage holders are covered by the bank guarantee scheme of September 2008; if so, the number covered; and if he will make a statement on the matter. [42461/09]

Minister for Finance (Deputy Brian Lenihan): As the Deputy will be aware the purpose of the bank guarantee scheme is to maintain, in the public interest, the stability of the financial system in the State by providing guarantees for deposits and other funding held by credit institutions operating in the State. In other words, money owed by the banks has been guaranteed. Home mortgages or other loans issued by the covered institutions to their customers are money owed to the banks and this has not been guaranteed.

Tax Code. 78. Deputy Ciarán Lynch asked the Minister for Finance the retail volumes accommodated at the VAT rates 0%, 13.5% and 21.5%; if he will indicate specifically the volumes in regard to eat-in meals; his views on a reduction in the VAT rate in the eat-in meals sector which has been successfully introduced elsewhere; and if he will make a statement on the matter. [42465/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that statistical data is not available to provide a basis for estimating the precise information requested by the Deputy. However, with regard to the value of all goods and services liable to VAT, I would point out that goods and services at the zero rate of VAT account for approximately 10% of all goods and services subject to VAT, while around 39% of all goods and services subject to VAT are charged at the 13.5% reduced VAT rate. Finally the 21.5% standard VAT rate accounts for around 51% of all items subject to VAT. The majority of basic foods sold by retailers are subject to the zero rate of VAT while most bakery products, excluding bread, operate at 13.5%. Confectionary and snacks are generally liable to VAT at the standard rate of 21.5%. Alcohol, soft drinks and bottled waters are liable to VAT at 21.5% in all circumstances. All hot take-away food is liable at 13.5% irrespective of the rate which would apply if it were supplied otherwise. Catered food, including the eat-in meal sector, operates at the reduced rate of 13.5%. While restaurant and catering services has only recently been specifically recognised as a service to which a reduced rate of VAT may apply under the EU VAT directive, Ireland has always applied the reduced rate to such services, because catering services were reduced rated in Ireland before 1991. With regard to further reducing VAT in the eat-in meals sector, the Deputy will appreciate that it is the usual practice for the Minister for Finance not to speculate or comment in advance of the budget on what it will contain and I do not propose to deviate from that practice.

Banking Sector Regulation. 79. Deputy Frank Feighan asked the Minister for Finance the number of cheques returned in banks (details supplied) from 1 April 2009 to 1 October 2009. [42470/09]

Minister for Finance (Deputy Brian Lenihan): I do not have the information the Deputy requests. However, I have not received any reports that there is anything unusual regarding the volume of cheques being returned by the covered institutions, now or since the introduction of the bank guarantee scheme last year.

Consumer Price Index. 80. Deputy Róisín Shortall asked the Minister for Finance the basis for his statement on a

353 Questions— 19 November 2009. Written Answers

[Deputy Róisín Shortall.] programme (details supplied) on 13 November 2009 of the breakdown of the deflation rate among pensioners, unemployed people and so on; if he will publish the information available to him for each of these categories; the source of these figures; and the methodology used to calculate them. [42472/09]

Minister for Finance (Deputy Brian Lenihan): The Central Statistics Office (CSO) produces a single Consumer Price Index (CPI), and does not produce a price index by head of household type or by household income. The CSO determines the Consumer Price Index (CPI) using average weights constructed with reference to the 2004-05 Household Budget Survey (HBS). Using generally recognised techniques, my Department has examined the impact of recent price falls on households by head of household type and income decile. My Department’s analysis is based on these publicly available data and the CSO’s latest CPI release. For various technical reasons, not least the changed pattern of expenditure since the last HBS, the results of this analysis are subject to qualifications. Nevertheless, this analysis suggests that average prices are falling for households in all income deciles and all household types (retired, unemployed, etc.). This work is ongoing and will be updated as more price data become available. Notwithstanding my Departments analysis, it is a fact that the CPI fell by 6.6 per cent in the twelve months to October 2009. Some of this can be explained by the large falls in mortgage interest costs since this time last year. However, since the start of the summer the falls in prices have become more broadly based. In year-on-year terms, clothing and footwear prices are now down 13 per cent, food is down by 6 per cent and energy costs are down by about 11 per cent. So either way it is reasonable to state that all households are seeing their real incomes being somewhat protected by the falls in prices and that some sectors of the community are experienc- ing this to a different extent than others.

Tax Collection. 81. Deputy Richard Bruton asked the Minister for Finance the estimate for each tax category for year end 2009 and in 2010 which underpins the pre-budget tax forecast. [42510/09]

82. Deputy Richard Bruton asked the Minister for Finance the value of revenue expected to be raised in 2009 and in 2010 from income tax and from the new levy introduced in 2009. [42511/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 81 and 82 together. The Supplementary Budget forecast total taxes in 2009 of \34.4 billion. With regards to Income Tax specifically, the Supplementary Budget forecast that \12.5 billion in Income Tax receipts would be collected in 2009, of which approximately \1.1 billion would come from the Income Levy. The Pre-Budget Outlook forecast that tax revenues will be in the region of \32 billion, around \2 billion below target, in 2009 and approximately \30.8 billion in 2010. At end- October, overall tax receipts were \1,074 million below target with the shortfall from Income Tax making up \625 million. November is a key month for tax returns, in particular Income Tax, and, as usual, the November Exchequer Returns will be published on 2 December. The weakness in Income Tax is expected to continue in the final months of this year. The White Paper on Receipts and Expenditure will be published on 5 December and will set out the estimated end-year outturns for each tax-head as well as the White Paper tax forecasts for 2010 revenues on a pre-Budget basis. As is customary, Post-Budget tax forecasts for 2010 and later years will be published in Budget 2010.

354 Questions— 19 November 2009. Written Answers

Public Service Pay. 83. Deputy Richard Bruton asked the Minister for Finance the value of public service pay and of public service pensions in 2009 to 2012 which underpins the no policy change estimates; the average number employed; the value of the public service pension levy; and if this levy is included in appropriations-in-aid. [42512/09]

Minister for Finance (Deputy Brian Lenihan): The table shows technical projections of the Public Service pay bill, for pay and pensions, from 2009 to 2012 underlying the figures contained in the Pre-Budget Outlook (PBO) published by the Department of Finance on 12 November.

2009 2010 2011 2012

\m \m \m \m

Gross Pay & Pensions Bill 19,834 19,859 19,944 19,966 Net Pay & Pensions Bill 18,394 18,299 18,377 18,396

The pension-related deduction on public service remuneration is estimated to come to just over \900 million in 2009, and over \1 billion in a full year. The majority of this payment is collected as appropriations-in-aid across Votes. However, the pension-related deduction on public service remuneration from employees of Local Authorities accrues directly to Local Authorities and, as such, the Local Government Fund is reduced by the estimated amount of these receipts. Furthermore, a small amount is paid directly into the Central Fund of the Exchequer, which is collected from employees of the Central Bank, the Oireachtas and the National Treasury Management Agency. Based on the information available to my Department, Public Service numbers were 282,827 at end-2008, excluding those working in the Local Authorities. As of end June, Public Service numbers are 282,115. The budget arithmetic for 2010 and subsequent years includes a savings figure of \300 million, reflecting numbers-related savings that are projected to arise from the Moratorium and other measures. It is not possible to be specific at this point as to precise average numbers employed across the Public Service in future years. The issue of the public service pay bill and public service numbers for future years will be dealt with in the forthcoming Budget.

Fiscal Policy. 84. Deputy Richard Bruton asked the Minister for Finance the number of taxpayers and their distribution across income categories in 2009 and 2010 which underpin his conclusions on the share of tax paid by taxpayers outlined in page 32 of pre-budget outlook. [42513/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that the information requested by the Deputy is as follows in respect of the income tax years 2010.

Project Distribution of Income Earners for 2010

Tax year Exempt (Standard rate Paying tax at the Higher rate Liability All cases liability fully covered by standard rate (including not fully off set by credits or Age those whose liability at credits Exemption Limits) the higher rate is fully offset by credits)

Number % Number % Number %

Pre-Budget 2010 1,050,964 47.64 889,169 40.3 266,069 12.06 2,206,202

355 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.]

The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2007, adjusted as necessary to take account of the most recent data available for income and employment trends for the year in question. It is therefore provisional and likely to be revised. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Projected Contribution to Yield for 2010

Range of Gross Income Numbers % of Total Amount of % of Projected Numbers Projected Tax Total Tax

\ % \ %

8000 or less 369,065 16.78 0 0.00 8,001 – 17,542 417,979 19.00 9,413,956 0.10 17,543 – 18,300 36,628 1.67 1,730,558 0.02 18,301 – 22,440 193,851 8.81 44,362,655 0.49 22,441 – 34,000 431,521 19.62 476,964,097 5.28 34000 – 40000 20,556 0.93 39,126,646 0.43 40,001 – 50,000 321,874 14.63 1,046,223,814 11.58 50,001 – 60,000 117,952 5.36 751,467,428 8.32 60,001 – 62,000 18,620 0.85 146,885,562 1.63 62,001 – 75,000 93,458 4.25 892,852,395 9.88 75,001 – 100,100 88,605 4.03 1,295,508,502 14.34 100,101 – 150,000 54,700 2.49 1,391,811,565 15.40 150,001 – 200,000 15,225 0.69 633,160,533 7.01 200,001 – 250,000 6,679 0.30 373,168,025 4.13 250,001 – 350,000 6,009 0.27 454,499,137 5.03 350,001 – 500,000 3,274 0.15 363,972,435 4.03 500,001 – 1,000,000 2,486 0.11 469,548,538 5.20 over 1,000,000 918 0.04 644,939,468 7.14

Overall Total 2,199,399 100.00 9,035,635,314 100.00

It should be noted that a typographical error occurred on page 32 of the Pre-Budget Outlook and should have read that estimates in relation to contribution to yield were for 2010 rather than 2009. This has been amended on the Department’s website. These figures are estimates from the Revenue tax-forecasting model using actual data for the year 2007, adjusted as necessary to take account of data available at mid-year 2009 for income and employment trends for the year in question. This is therefore provisional and will be revised. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

85. Deputy Richard Bruton asked the Minister for Finance the projected interest payments on the public debt in 2010 to 2012 on the no policy change assumption and on the assumption of the annual adjustment proposed in the pre-budget outlook. [42514/09]

Minister for Finance (Deputy Brian Lenihan): Table 6 of the Pre-Budget Outlook sets out the technical budgetary projections for the 2009-2010 period, based on the assumed \4 billion fiscal adjustment being achieved in 2010. On that basis the General Government deficit is 356 Questions— 19 November 2009. Written Answers stabilised at 12% of GDP and overall Central Fund expenditure of \7.4 billion is factored in. The bulk of this amount relates to debt interest costs, an estimate of around 16% of projected tax revenues was contained in the Pre-Budget Outlook for 2010. This is based on an assumed national debt of the order of \100 billion at end 2010. Assuming further corrections in 2011 and 2012, as set out in Table 8 of the Pre-Budget Outlook, a technical scenario shows a General Government deficit of the order of 6% of GDP in 2012. If such a scenario materialises then it is likely that the national debt would be in the region of \30 billion higher than anticipated at end 2010. As a general ‘rule of thumb’ the National Treasury Management Agency (NTMA) have advised that, based on technical estimates taking into account current debt dynamics, an extra \1 billion on the Exchequer Borrowing Requirement would add in the region of \60 million in debt servicing interest costs over a full year. As is usual, revised forecasts for debt servicing costs will be contained in the White Paper on Receipts and Expenditure which will be published on 5 December 2009, and in Budget 2010, which will be presented to the Dáil on 9 December.

86. Deputy Richard Bruton asked the Minister for Finance the nominal value of GNP and GDP in 2009 and 2012 implied by the pre-budget outlook and the assumptions therein. [42515/09]

Minister for Finance (Deputy Brian Lenihan): In the Pre-Budget Outlook recently published 1 by my Department GNP and GDP for 2009 is assumed to contract in real terms by 102 per 1 cent and 72 per cent respectively. Predicated on the global economic recovery taking hold, positive real annual growth has been assumed from the second half of 2010 onwards. By 2012 1 real growth of 4 per cent in GNP terms and 42 per cent in GDP terms has been assumed in the Pre-Budget Outlook. The nominal value of activity is expected to fall both this year and next before resuming an upward trajectory from 2011 onwards. The table below sets out the nominal values for GNP and GDP for 2009 and 2012. Taking account of the specific budgetary measures to be announced on Budget Day, revised medium term macroeconomic forecasts may be published.

\ million

GNP GDP

2009 133,650 165,075 2012 144,325 181,850

Tax Collection. 87. Deputy Richard Bruton asked the Minister for Finance his estimate of the contribution of the housing sector to tax revenue in each year since 2000 to date in 2009. [42516/09]

Minister for Finance (Deputy Brian Lenihan): Information in relation to taxes on housing is available in respect of value added tax on new housing and the maintenance and repair to all housing and in respect of stamp duty on residential and commercial property. More limited information is available in relation to Capital Gain Tax on residential and commercial property. The estimated yield are as follows:

357 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.] VAT

Year New housing Housing repair and Total maintenance

\m \m \m

2000 809 332 1,141 2001 927 382 1,309 2002 1,100 336 1,436 2003 1,541 332 1,873 2004 1,940 387 2,327 2005 2,405 436 2,841 2006 2,727 520 3,247 2007 2,487 566 3,053 2008 1,577 617 2,194 2009 549 469 1,018

88. Deputy Richard Bruton asked the Minister for Finance the amount of income receipts contributed by the top 5% of income taxpayers in each year since 2000 to date in 2009; and the percentage of total income tax receipts which it represents. [42517/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the relevant historical information available relates to the income tax liability of the top 5% of income earners as derived from income tax returns filed for the income tax years 2000/01 to 2007, the latest year for which such information is available. On this basis the information requested by the Deputy is set out as follows:

Top 5% of Income Earners

Income Tax Year Income Tax liability of top 5% of Percentage of total income tax income earners liability from tax returns

\m%

2000/01 3,089 39.5 2001 2,344 41.4 2002 3,272 42.0 2003 3,638 41.2 2004 4,148 41.2 2005 4,819 43.4 2006 5,440 45.4 2007 5,710 46.5

The figures in the table are based on details from tax returns on record at the time the data for each year were compiled for analytical purposes. This was generally based on coverage levels representing in or about 95% of all returns expected. The 2001 income tax year was a short transitional tax “year” running from 6 April to 31 December 2001, which preceded the first full calendar tax year 1 January 2002 to 31 December 2002. It should be noted that, as self-employed taxpayers were assessed to tax for the short “year” on 74% of the profits earned in a 12-month accounting period, the tax figure shown for 2001 in the table will not be directly comparable with those of earlier or later years. The tax liabilities of the top 5% of income earners are rounded to the nearest million as appropriate. 358 Questions— 19 November 2009. Written Answers

A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

89. Deputy Richard Bruton asked the Minister for Finance the value of tax foregone in providing tax relief to pension contributions in each year since 2000 to date in 2009, dis- tinguishing the relief against income tax, PRSI, health and other levies and corporation tax; and the number of persons receiving relief. [42518/09]

Minister for Finance (Deputy Brian Lenihan): The following tables provide a breakdown of the estimated cost of tax and PRSI reliefs relating to private pension contributions for 2006 and 2007, the latest year for which the most up-to-date data is available. The 2007 figures represent an update of the relevant 2006 cost estimates set out in table 7.2 of the Green Paper on Pensions published in the Autumn of 2007. Figures have been rounded where appropriate. Corresponding estimates are also provided for 2005 to the extent that it has been possible to provide them on a consistent and comparable basis. As similar data sources would not be available for the years prior to 2005, it is not possible to provide costings on a similar basis for those years. I am advised by the Revenue Commissioners that sufficient data to enable estimates to be provided for the tax year 2008 are not yet available as the tax returns for that year, in which data on tax relief for contributions to personal pension plans (RACs and PRSAs) are available, are only now being made and processed. There is no data yet available to the Revenue Commis- sioners in relation to pension contributions in 2009.

2005

Estimate of the cost of tax reliefs on private pension contributions 2005.

Estimated costs Numbers*

\ million Employees’ Contributions to approved Superannuation Schemes 425 565,200 Employers’ Contributions to approved Superannuation Schemes 90 **296,500 Estimated cost of exemption of employers’ contributions from employee BIK 370 296,500 Retirement Annuity Contracts (RACs) 358 121,200 Personal Retirement Savings Accounts (PRSAs) 42 32,900 *Numbers as included in P35 returns from employers to Revenue for 2005. **Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2005.

2006

Estimate of the cost of tax and PRSI reliefs on private pension contributions 2006.

Estimated costs Numbers*

\ million Employees’ Contributions to approved Superannuation Schemes 540 693,100 Employers’ Contributions to approved Superannuation Schemes 120 **363,100 Estimated cost of exemption of employers’ contributions from employee BIK 510 363,100 Retirement Annuity Contracts (RACs) 435 125,900 Personal Retirement Savings Accounts (PRSAs) 55 45,200 Estimated cost of PRSI and Health Levy relief on employee and employer 220 Not available contributions *Numbers as included in P35 returns from employers to Revenue for 2006. **Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2006. 359 Questions— 19 November 2009. Written Answers

[Deputy Brian Lenihan.]

2007 (provisional)

Estimate of the cost of tax and PRSI reliefs on private pension contributions 2007.

Estimated costs Numbers*

\million

Employees’ Contributions to approved Superannuation Schemes 590 708,100 Employers’ Contributions to approved Superannuation Schemes 150 **385,100 Estimated cost of exemption of employers’ contributions from employee BIK 540 385,100 Retirement Annuity Contracts (RACs) 420 123,900 Personal Retirement Savings Accounts (PRSAs) 65 56,400 Estimated cost of PRSI and Health Levy relief on employee and employer 240 Not available contributions *Numbers as included in P35 returns from employers to Revenue for 2007. Figures are as verified to date but may be understated and subject to revision. **Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2007. Figures are as verified to date but may be understated and subject to revision.

Health Service Staff. 90. Deputy Phil Hogan asked the Minister for Health and Children the number of the Health Service Executive posts of dedicated officer for elder abuse created as a response of her policy on elder abuse, Protecting our Future, that were the subject of mediation by a person (details supplied) under the terms of the final framework agreement agreed between the interim HSE and a trade union; the location; if records will be provided to verify this process; and if she will make a statement on the matter. [42349/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services. 91. Deputy Michael Ring asked the Minister for Health and Children if the Health Service Executive’s service plan for 2010 includes the appointment of a consultant (details supplied) in County Mayo; and if she will make a statement on the matter. [42356/09]

92. Deputy Michael Ring asked the Minister for Health and Children the number of persons waiting for an appointment (details supplied) in County Galway; the details for those placed on the urgent and non-urgent waiting list; and the average time spent on both waiting lists. [42357/09]

93. Deputy Michael Ring asked the Minister for Health and Children her plans to set up a unit (details supplied) in County Mayo in view of the number of persons with arthritis; and if she will make a statement on the matter. [42358/09]

Minister for Health and Children (Deputy Mary Harney): I propose to answer Questions Nos. 91 to 93, inclusive, together. As these are service matters, they have been referred to the HSE for direct reply.

360 Questions— 19 November 2009. Written Answers

Nursing Homes Repayment Scheme. 94. Deputy Michael McGrath asked the Minister for Health and Children the position regarding an appeal under the health repayment scheme for a person (details supplied) in County Cork. [42362/09]

Minister for Health and Children (Deputy Mary Harney): The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006. The claimant lodged an Appeal Form with the Health Repayment Scheme Appeals Office on 23 July 2007. An oral hearing with the independent Appeals Officer was arranged for the claimant on 1 November 2007. A second oral hearing was arranged on 19 June 2008. The appeal and oral hearings were supported by a substantial amount of documentation. The appeal continues to be investigated by the Appeals Officer. When the Appeals Officer has made a determination on this appeal he will write to the claimant and will provide the claimant with the reasons for the decision.

Hospital Services. 95. Deputy Shane McEntee asked the Minister for Health and Children if she will provide the latest revenue income and expenditure for Our Lady’s Hospital, Navan, County Meath; and if she will make a statement on the matter. [42368/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards. 96. Deputy Edward O’Keeffe asked the Minister for Health and Children if a medical card will be renewed in respect of a person (details supplied) in County Cork. [42376/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

97. Deputy Edward O’Keeffe asked the Minister for Health and Children, further to Parliamentary Question No. 159 of 13 October 2009, the reason for the delay in the Health Service Executive responding to this query. [42394/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

98. Deputy Michael Creed asked the Minister for Health and Children the reason a person (details supplied) in County Cork had their medical card renewal application declined; if she will re-examine this case; and if she will make a statement on the matter. [42398/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Staff. 99. Deputy Joanna Tuffy asked the Minister for Health and Children the number of permanent staff and temporary staff employed by the Health Service Executive at the end of 2007, end of 2008 and at the end of October 2009, in tabular form; and if she will make a statement on the matter. [42426/09]

361 Questions— 19 November 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): I wish to advise that the numbers (WTE excl. Career Breaks) of staff in the public health service at the end of 2007, end of 2008 and at the end of September 2009 (the latest data available), as recorded on the health service personnel census, are as follows:

31/12/2007 31/12/2008 30/09/2009

WTE Permanent 70,140 71,388 74,815 WTE Job-Sharing 3,485 3,123 2,785 WTE Temporary 16,197 14,084 12,076 WTE Locum 3,691 3,061 2,845 WTE Part-Time 12,587 14,393 12,703 WTE Sessional 822 470 146 WTE Training 4,582 4,508 4,819

Total WTE excl. Career Break 111,505 111,025 110,189 Note 2: Student nurses are included in the 2007 and 2008 employment ceilings on the basis of 3.5 students equating to 1 wholetime equivalent. The employment levels adjusted for this are 110,664 (Dec 07) and 111,001 (Dec 08). Note 3: Data source — Health Service Personnel Census. Note 4: October 2009 figures not yet available.

100. Deputy Joanna Tuffy asked the Minister for Health and Children the number of social workers employed by the Health Service Executive at the end of 2007, end of 2008 and at the end of October 2009, in tabular form; and if she will make a statement on the matter. [42427/09]

Minister for Health and Children (Deputy Mary Harney): I wish to advise that the numbers (WTE excl. Career Breaks) of social workers employed by the Health Service Executive at the end of 2007, end of 2008 and at the end of September 2009, are as follows:

31/12/2007 31/12/2008 30/09/2009

Social Worker 1,048 1,062 1,065 Social Worker, Medical 141 140 140 Social Worker, (Non-professionally Qualified) 175 157 48 Social Worker, Principal 235 223 223 Social Worker, Psychiatric 33 32 32 Social Worker, Psychiatric Senior 1 3 2 Social Worker, Senior Medical 154 150 155 Social Worker, Team Leader 331 332 349 Social Work Practitioner, Senior 139 137 147

Total 2,256 2,236 2,161 Note 1: Data source — Health Service Personnel Census (October 2009 figures not yet available).

101. Deputy Joanna Tuffy asked the Minister for Health and Children the number of speech therapists employed by the Health Service Executive at the end of 2007, end of 2008 and at the end of October 2009, in tabular form; and if she will make a statement on the matter. [42428/09]

362 Questions— 19 November 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): I wish to advise that the numbers (WTE excl. Career Breaks) of speech therapists employed by the Health Service Executive at the end of 2007, end of 2008 and at the end of September 2009, are as follows:

31/12/2007 31/12/2008 30/09/2009

Speech and Language Therapist 248 242 240 Speech and Language Therapist, Clinical Specialist 12 12 13 Speech and Language Therapist Manager 62 62 59 Speech and Language Therapist Manager-in-charge III 6 11 10 Speech and Language Therapist, Senior 384 424 431 Speech and Language Therapy, Practice Tutor 1 1 2

Total 712 750 753 Note 1: Data source — Health Service Personnel Census (October 2009 figures not yet available).

102. Deputy Joanna Tuffy asked the Minister for Health and Children the number of public health nurses employed by the Health Service Executive at the end of 2007, end of 2008 and at the end of October 2009, in tabular form; and if she will make a statement on the matter. [42429/09]

Minister for Health and Children (Deputy Mary Harney): The number of Public Health Nurses (expressed in Whole Time Equivalent terms) employed by the HSE at the end of 2007, the end of 2008 and at the end of September 2009 (latest figures — data for October 2009 not yet available) were as follows:

Grade 31/12/2007 31/12/2008 30/09/2009

Director of Public Health Nursing 28.85 29.00 27.55 Director of Public Health Nursing, Assistant 164.63 178.82 168.17 Public Health Nurse 1,502.82 1,521.09 1,523.71 Public Health Nurse, Senior (Immunisation) 3.50 1.80 1.80 Public Health Nurse, Student 147.00 125.78 56.62

Total 1,846.80 1,856.49 1,777.85 Data source — Health Service Personnel Census.

Hospital Services. 103. Deputy James Reilly asked the Minister for Health and Children when a person (details supplied) in County Dublin will expect to have a peg feed put in place at Beaumont Hospital, Dublin; and if she will make a statement on the matter. [42435/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Insurance. 104. Deputy James Reilly asked the Minister for Health and Children her plans to replace the health insurance levy scheme with a risk equalisation scheme; the timeframe for same; and if she will make a statement on the matter. [42454/09] 363 Questions— 19 November 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): Following the Supreme Court Decision of July 2008 which found the Irish Risk Equalisation Scheme to be ultra vires the Health Insurance Acts, I asked the Health Insurance Authority (HIA) to provide advice on how to support the operation of community rating in the interests of consumers in the changed circumstances. The HIA advised that the alternatives were either to reconstitute the Risk Equalisation Scheme in some form or to introduce some form of levy based or tax based loss compensation system. I decided to introduce such an interim scheme and this was provided for under the Health Insurance (Miscellaneous Provisions) Act 2009, covering the period 2009 to early 2012, when some payments will be made under the Act. The HIA has commenced work in relation to drafting a comprehensive risk equalisation / loss compensation system to replace these interim measures when they expire. The HIA, the Department and I recognise the importance of putting this scheme in place to safeguard the principal of community rating, which is essential to the operation of the health insurance market in Ireland. In any community rated market, a comprehensive risk equalisation or loss compensation system is required in order for the market to operate in the best interests of all consumers. Without a risk equalisation or loss compensation system, insuring older or ill people will be loss making. As a result, insurers that cover a higher proportion of older people will be at a significant competitive disadvantage and insurers will seek to avoid insuring older people. It follows that, without risk equalisation or loss compensation, competition will not function properly and the market will operate counter to the interests of ill and older people. This is why it is the international norm for risk equalisation or loss compensation to apply in community rated markets.

Health Services. 105. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 178 of 14 October 2009, when a reply will issue from the Health Service Executive. [42457/09]

Minister for Health and Children (Deputy Mary Harney): A reply to Parliamentary Question No. 178 of 14 October 2009 was issued to the Deputy from the Health Service Executive (HSE) on the 18 November 2009.

Children in Care. 106. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 162 of 15 October 2009, when a reply will issue from the Health Service Executive. [42458/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): A reply to Parliamentary Question No. 162 of 15 October 2009 was issued to the Deputy from the Health Service Executive (HSE) on the 18 November 2009.

Hospital Services. 107. Deputy Fergus O’Dowd asked the Minister for Health and Children, further to Parliamentary Question Nos. 27 and 28 of 17 September 2009, the position regarding Louth County Hospital; the reason this Deputy did not receive a response from the Health Service Executive; and if she will make a statement on the matter. [42462/09]

364 Questions— 19 November 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): I have received an undertaking from the HSE that a reply will issue to the Deputy within the next week.

108. Deputy Fergus O’Dowd asked the Minister for Health and Children if she has responded to a recent letter from the Minister for the Environment, Heritage and Local Government regarding Louth County Hospital. [42463/09]

Minister for Health and Children (Deputy Mary Harney): I am considering the matter raised in the letter and will revert to Minister Gormley shortly.

109. Deputy Fergus O’Dowd asked the Minister for Health and Children if she will make a statement on the position regarding the outbreak of C. difficile at Our Lady of Lourdes Hospital, Drogheda, County Louth. [42464/09]

Minister for Health and Children (Deputy Mary Harney): Achieving and maintaining the highest possible standards of hygiene in our hospitals and health care facilities generally is a priority for this government and for the Health Service Executive (HSE). Hygiene and infection control measures are key to the prevention of the spread of Health Care Associated Infection (HCAIs), including Clostridium difficile. The HSE issued a statement on 28th October advising the public of an outbreak of C. difficile at Our Lady of Lourdes Hospital, Drogheda. Currently the hospital has 10 patients confirmed with C. difficile and 11 patients are symptomatic. As a precaution, if a patient dies who may have been exposed to or who had contracted C. diff, their death is notified to the Coroner, who is responsible for determining if C. difficile was the cause of and/or contributory factor to their death. Since 6th November in consultation with the Louth County Coroner the HSE’s Clinical Director has agreed that all deaths occurring at the hospital during the escalation phase of the outbreak will be notified to the Coroner as a matter of routine. Prior to 6th November two deaths involving C. difficile as a suspected contributory factor were notified to the Coroner and since 6th November, there have been a further four deaths in total at the hospital and they have all been notified to the Coroner. The HSE expects that a number of these cases will not be attributable to C. difficile. I have been assured by the HSE that all appropriate infection control procedures and practices have been implemented at the Hospital. The Hospital’s Outbreak Committee has been convened and is managing the outbreak. The Committee has in addition sourced specialists to assist with deep cleaning of affected wards and hospital equipment; specialist engineers have been drafted in to decontaminate most of the affected areas of the hospital and these measures will continue on an ongoing basis. Restrictions remain in place at the hospital and GP and ambulance services have been requested to refer adult patients with medical complaints to other appropriate hospitals. Members of the public are asked to only attend the Emergency Departments at the hospital in the case of a genuine emergency and to contact their GP or out-of-hours service in the first instance. Visiting restrictions remain in place and where visitors are permitted they are being advised of the need for appropriate hygiene protocols including thorough hand washing. All elective admissions, including elective scopes have been cancelled until further notice. Measures have been put in place to deal with all Priority 1 endoscopy procedures i.e. urgent endoscopes for diagnostic to therapeutic purposes. Surgical services continue to be provided across the Louth Meath Hospital Group. Contingency arrangements are in place in Beaumont Hospital for Level 2 and Level 3 surgery (e.g. acute surgical or urgent elective).

365 Questions— 19 November 2009. Written Answers

[Deputy Mary Harney.]

As the outbreak continues all of the above are being reviewed on a daily basis and all appropriate measures will be taken to ensure timely access to quality safe services in line with patient need.

Medical Cards. 110. Deputy Bernard J. Durkan asked the Minister for Health and Children if a full medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [42488/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Rail Network. 111. Deputy Joe McHugh asked the Minister for Transport the expenditure on the Belfast to Cork rail line of the \39.64 million funding designated to his Department by the EU’s Ten- T transport agency in the period 2002 to date in 2009; if the figures will be broken down into two categories Dublin to Cork and Dublin to Belfast; and if he will make a statement on the matter. [42434/09]

Minister for Transport (Deputy Noel Dempsey): The DART Underground project is part of Ten-T Priority Project 26 (Railway/road axis Ireland/United Kingdom/continental Europe). This project will connect the northern (Belfast) and southern (Cork) rail lines, although only electric powered (DART) trains may use the tunnel. The planning and design phase of this project is being part funded by the Ten-T Executive Agency of the European Commission. The agency is providing funding of \10 million for the project which is 50% of the \20 million for the studies and preparation phase of the project. This funding covers the design and development process, geotechnical investigations and various surveys and studies that include topographical surveys, condition surveys, archaeological surveys and utility surveys. Whilst approval was also given for studies to be undertaken on the removal of speed restrictions on the Dublin-Cork-Belfast corridor, these studies were carried out internally by Iarnród Éireann and no Ten-T funding was utilised by the company.

Departmental Staff. 112. Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform if he will release a person (details supplied) employed by his Department for filling of vacancies at the agriculture office in Drumshanbo, County Leitrim; and if he will make a statement on the matter. [42359/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my response to his Parliamentary Question No. 201 of 18 November 2009.

Crime Prevention. 113. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if the operation of informal purchase of gold is regulated to ensure that it is conducted by suitable persons and is not facilitating the disposal of property acquired illegally; and if he will make a statement on the matter. [42380/09]

366 Questions— 19 November 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An Garda Síochána enforce the provisions of the criminal law in respect of theft and robbery, including theft and robbery of jewellery and precious metals. If members of the public have suspicions that goods being sold or traded may have been stolen, the correct action is for these suspicions to be referred to An Garda Síochána for investigation. My Department has no function in relation to the regulation of legal transactions in gold.

Deportation Orders. 114. Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the reason for a deportation order against a person (details supplied) in Dublin 16; and if he will make a statement on the matter. [42407/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that no deportation order has been made in respect of the person in question. In fact, the person to whom he refers was recently granted permission to remain to remain in the State, under Stamp 4 conditions, until 9 November, 2010, following representations received under section 3 of the Immigration Act, 1999. By way of background, I should add that a proposal to deport letter issued to the person concerned on 18 August, 2009 after it came to light that she had not registered with the Garda National Immigration Bureau during her time in the State.

Garda Strength. 115. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform his views on whether an extension for three years would moderate the short-term impact of retirements at senior level in An Garda Síochána which are probably motivated by concerns about tax changes; and if he will make a statement on the matter. [42423/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The general retirement age in An Garda Síochána was increased by three years to 60 years of age in 2006 and this retirement age is compatible with national and EU legislation. The retirement age for Assistant Commissioner rank was recently challenged in the High Court which found that the setting of that retirement age was objectively and reasonably justified and was compatible with the Directive. I have no plans to change the retirement age. Notwithstanding the increased level of retirements this year the increase in personnel in An Garda Síochána nationwide means that the strength of the force reached an all time high in 2009. The Garda Commissioner, mindful of the general moratorium on public service appointments and of the need to make a strong case for any exceptions, will continue to carefully assess the capacity available to him at a senior level within An Garda Síochána. The Commis- sioner’s approach has been to identify those posts which are especially important for operational policing. Earlier this year, on foot of such a submission from the Commissioner, I obtained, as an exceptional measure, the sanction of the Minister for Finance to the filling of a certain number of positions at senior management levels in the Force. I also intend to keep the recruitment position under review during the course of 2010 in consultation with the Garda Commissioner and my colleague the Minister for Finance.

Citizenship Applications. 116. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding a naturalisation application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [42437/09]

367 Questions— 19 November 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question were received in the Citizenship Division of my Department in June 2007. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants.The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application is at an advanced stage and the file will be submitted to me for a decision in the near future. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Control of Firearms. 117. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will consider an appropriate payment system for the gun licence, which has recently been brought into law, whereby pensioners who are the holders of valid licences would only have to pay one year in advance rather than the three years that is demanded under the legislation; if he will consider the scheme proposed in correspondence (details supplied); and if he will make a statement on the matter. [42459/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Following consideration of the matter within my Department, including discussions at the Firearms Consultative Panel, it was agreed that the fee for a firearms certificate should be the same irrespective of the type of firearm, to reflect the cost of processing the application and to simplify the system. The new firearms certificate will last for three years and the fee was calculated with a view to maintaining existing revenue flows and with this in mind, after consultation with the Minister for Finance, it was set at \80. I should point out that, as part of the transition phase of the introduction of the three year licence, existing licence holders received extensions to their old licences on an uncharged for basis for an average period of six months. The new system is more modern, more thorough and more efficient and, as the Deputy may be aware, the fee had not been increased since 1992. The three year licence was provided for in the Criminal Justice Act 2006 and it is not possible to put in place the payment arrangements envisaged by the Deputy.

Visa Applications. 118. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if an extended visa will be granted from three months to either six or 12 months in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [42489/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Based on the information provided by the Deputy, the visa office has no record of the person referred to. It is however open to all persons resident outside the State, and who are visa required to apply to their nearest Irish Embassy or Consulate for the appropriate visa. Each visa application is considered on its individual merits the onus resting with the applicant to satisfy the Visa Officer

368 Questions— 19 November 2009. Written Answers as to why a visa should be granted. Comprehensive information when making a visa application is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Road Traffic Offences. 119. Deputy Noel Ahern asked the Minister for Justice, Equality and Law Reform the position regarding the confiscation of vehicles for tax and insurance purposes; the number of vehicles confiscated or taken by the gardaí for the full year in which the most recent figures are available; if confiscation will be conducted for tax disc or insurance purposes; if it is mandatory or at the discretion of gardaí; if the rule or custom of giving 14 days to show papers at a Garda station has been abolished; and if he will make a statement on the matter. [42525/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Section 41(1) of the Road Traffic Act 1994 as amended, provides for the making of regulations authorising the detention, removal and storage of vehicles and their subsequent release or disposal when used in a public place. A member of An Garda Síochána is authorised to detain a vehicle when he or she is of the opinion that the vehicle is being used without insurance, road tax or driving licence. Section 41(3) of the Act provides that a vehicle shall not be disposed of before the expiration of a period of six weeks from the date of its detention or two weeks after notice of the intended disposal has been given in the prescribed manner, whichever is longer. Section 40 of the Road Traffic Act, 1961 as amended, provides for the production by a person of his or her driving licence for inspection. If he or she does not have the licence with them, a demand may be made that they produce the licence at a Garda station of their choice within ten days. Failure or refusal to do so is an offence and, under section 18 of the Road Traffic Act 2006, offending motorists may be liable on summary conviction on the first offence to a fine not exceeding \1,000, on the second offence to a fine not exceeding \2,000 and on the third or subsequent offence within 12 consecutive months to a fine not exceeding \2,000 and/or imprisonment not exceeding 3 months. The number of vehicles detained by members of An Garda Síochána under the provisions of section 41 of the Road Traffic Act, as amended, for the year 2008 (the last full year for which figures are available) is 25,593. Statistics are not recorded in a manner to identify the specific offence of no driving licence, no tax or no insurance for which vehicles are detained and it would necessitate the expenditure of a disproportionate amount of Garda time and resources to collate such statistics.

Security of Aid Workers. 120. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the steps he proposes to take unilaterally or in association with his EU or UN colleagues to discourage and prevent kidnapping of aid workers; and if he will make a statement on the matter. [42485/09]

121. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs his proposals to ensure, through the aegis of the EU or UN, improved security for aid workers; and if he will make a statement on the matter. [42486/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): I propose to take Questions Nos. 120 and 121 together. The welcome release on 11 November of Fr Michael Sinnott after 32 days held captive by kidnappers on the island of Mindanao in the Philippines is yet another reminder of the commitment and sacrifice that aid workers and missionaries make in providing assistance to the most

369 Questions— 19 November 2009. Written Answers

[Deputy Peter Power.] vulnerable across the developing world, particularly in conflict zones. The security of aid workers is a priority for the Government and for aid donors internationally. We maintain regular contact with our partners at EU level and in the UN on the complex issues involved. A recent independent report on the provision of aid in insecure environments found that attacks against humanitarian aid workers have increased sharply in recent years, with 122 aid workers killed, 76 injured and 62 kidnapped in 2008. Some 60 per cent of these incidents occurred in three areas: Sudan, Afghanistan and Somalia. It is clear that there are no simple security solutions for humanitarian aid workers operating in difficult and unstable situations, often during or in the aftermath of serious conflict. There is no comprehensive, universally applicable international convention on the protection of personnel engaged in humanitarian assistance. During armed conflict, or military occupation, the International Committee of the Red Cross and other relief organisations benefit from the protections provided by the 1949 Geneva Conventions and their Additional Protocols. The 1994 Convention on the Safety of United Nations and Associated Personnel and its 2007 Optional Protocol prohibit attacks on UN or associated personnel, including those deployed by a humanitarian Non-governmental Organisation under an agreement with the UN. They require States to take all appropriate measures to ensure their safety and security. Some NGOs and their personnel are also protected by the terms of specific bilateral agreements between a donor country and the State in which they operate as part of a programme of official development aid. The role of the United Nations is particularly important in relation to the security of aid workers in humanitarian emergencies and in other volatile situations. The UN Department of Safety and Security (UNDSS) plays a pivotal role, overseeing security management, and often making available resources for the wider humanitarian community, including information, security officers and dedicated security radio channels. Many NGOs cooperate with the UN on security matters, exchanging information, agreeing security standards and coordinating emergency planning. Given its vital security management oversight and coordination function, as well as heightened security concerns amid increasing attacks against UN and other aid workers in both Afghanistan and Somalia I recently approved funding of \500,000 to UNDSS for its work in the two countries. The safety and security of humanitarian personnel and protection of UN personnel is the subject of a recently agreed resolution which will be put before the UN General Assembly in New York in early December. The resolution condemns all violence against humanitarian workers and urges that States act to ensure that such acts of violence are fully investigated, and perpetrators brought to justice. Ireland participated actively in the negotiations and, along with EU colleagues, co-signed the resolution. The issue was also raised in a very recent statement to the UN Security Council by the Irish Ambassador to the UN in New York, Ms Anne Anderson. In addition, Ireland is presently co-chairing the international Good Humanitarian Donorship group of 36 donors — including all EU 27 Member States and the European Commission — which works to promote best practice in humanitarian aid and adherence to an agreed set of humanitarian donorship principles. In this role, we will schedule a detailed consideration over the coming months of the complex range of issues involved in assisting the security and effective operation of humanitarian aid workers. Domestically, the Government continues to work with development NGOs on issues of access and security for aid workers. In 2009, the Irish Aid Rapid Response Initiative sponsored the attendance of representatives of a number of NGOs, including Concern, Christian Aid,

370 Questions— 19 November 2009. Written Answers

Goal and Trócaire, at field security training courses for humanitarian aid workers run by the Defence Forces. The Department of Foreign Affairs also supports the work of Comhlámh, the Irish Association for Development Workers, in protecting the interests of development workers and volunteers. In particular, Irish Aid funded the development of the Cómhlámh Code of Practice for organisations sending volunteers to developing countries, which commits organisations to ensuring the protection, safety and well being of the volunteers. The Code also highlights the need to ensure that volunteers are fully informed about health, safety and security issues relating to their assignment. More than 30 Irish volunteering organisations are involved in this important initiative. Irish Aid also provides funding for a counselling service organised by Cómhlámh for aid workers when they return to Ireland. The Government will continue to work closely with both our international partners and with development NGOs in Ireland to ensure that the security of aid workers is safeguarded to the maximum degree possible.

Debt Relief. 122. Deputy Eamon Gilmore asked the Minister for Foreign Affairs if he will support the five objectives of a campaign (details supplied); and if he will make a statement on the matter. [42424/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): Ireland has played an important role internationally on the issue of alleviation of the debt burden on developing countries. The Government’s policy strategy was prepared jointly by the Depart- ment of Foreign Affairs and the Department of Finance, and was launched in 2002. It supports the total cancellation of the debts of the world’s poorest countries. A joint review of the strategy is currently being undertaken by the two Departments and I expect it will be completed within the coming months. Ireland’s bilateral assistance to the developing world has always been exclusively in the form of grants rather than loans. The Government has also provided very significant resources for initiatives to ease or cancel the debt burden. There are two main international instruments which address the problem of the debt burden, the Multilateral Debt Relief Initiative (MDRI) and the Heavily Indebted Poor Countries (HIPC) initiative. The MDRI came into effect on 1 July 2006, and provides for cancellation of eligible debt from the World Bank, the African Development bank and the International Monetary Fund for many of the world’s poorest and most indebted countries. Ireland’s share of the total cost of debt relief provided by the World Bank under MDRI is \58.64 million. The Government contributed this amount in full in 2006. Ireland has also contributed over \20 million to the HIPC initiative, which is implemented by the World Bank and the IMF, with the objective of reducing the debt burden of qualifying countries to sustainable levels. The Department of Foreign Affairs is working closely with the Department of Finance on the details of an updated debt policy strategy, taking account of developments since 2002, and of the views of interested parties. These include the organisation referred to by the Deputy, which has made a detailed submission to both Departments.

Services for People with Disabilities. 123. Deputy Jimmy Deenihan asked the Minister for Arts, Sport and Tourism if the sports inclusion disability officer programme will continue to be funded through the dormant account stream of Pobal; and if he will make a statement on the matter. [42409/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Special funding of \2.5 million was allocated from the dormant accounts fund for the appointment of 20 Sports Inclusion

371 Questions— 19 November 2009. Written Answers

[Deputy Martin Cullen.] Development Officers (SIDOs) in Local Sports Partnerships (LSPs) in 2008. The SIDOs were appointed on two-year contracts to provide opportunities for persons with a disability to participate in sport and physical activity. A network of 33 LSPs have been set up throughout the country by the Irish Sports Council (ISC) to coordinate and promote sport at local level especially amongst specific target groups such as older people, girls and women, people with disabilities, unemployed people, and those who live in identified disadvantaged communities. The special dormant accounts funding was in addition to the annual funding provided to the LSPs by the ISC for programmes and initiatives aimed at increasing participation in recreational sport. The ISC has allocated \6 million to the LSPs in 2009. The continuation of the SIDO scheme from 2010 will be dependent on the outcome of the 2010 Estimates deliberations.

Swimming Pool Projects. 124. Deputy Frank Feighan asked the Minister for Arts, Sport and Tourism the position regarding the swimming pool project for Ballaghaderreen, County Roscommon. [42471/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Under the Local Authority Swimming Pool Programme, which is administered by my Department, grant aid to a maximum of \3.8 million is provided to Local Authorities towards the capital costs of new swimming pools or the refurbishment of existing pools, subject in both cases to the total grant not exceeding 80% of the eligible cost of the project or, in the case of projects located in disadvantaged areas, 90% of the eligible cost. Proposals must comply with the standards set out in the Department’s “Procedures for the Planning, Approval and Financing of Swimming Pools and Technical Guidelines.” Under the Guidelines there are four principal stages in a swimming pool project following the submission of a feasibility study. These, in order of progress, are: Preliminary Report; Contract Documents; Tender and Construction. Grant-aid is allocated only when tenders have been approved for the project and is capped at the time of allocation. The Department and its technical advisors, the Office of Public Works, evaluate each stage and Local Authorities cannot proceed to the next stage of a project unless prior approval issues from the Department of Arts, Sport & Tourism. I am informed that Roscommon County Council is currently evaluating tenders for the production of the Preliminary Report.

Tourism Promotion. 125. Deputy Michael Ring asked the Minister for Arts, Sport and Tourism his strategy to rebalance the east-west divide in tourism spend here; and if he will make a statement on the matter. [42410/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Under the National Tourism Development Authority Act 2003, the individual actions and measures relating to tourism promotion and development at regional level are day-to-day functions of the State Tourism Agencies. Firstly, I should point out that, based on 2008 figures, the regions outside of Dublin earn 70% of all Tourism revenue. In this regard, the domestic market is an increasingly important component of tourism business in Ireland, particularly in terms of seasonal and regional spread, accounting for 28% of overall visitor revenues in 2008. Statistics on the regional spread of tourism in 2008 also show that 94% of holiday nights by domestic tourists were spent outside the Dublin area, with 92% of domestic holiday expenditure being generated outside the capital.

372 Questions— 19 November 2009. Written Answers

This offsets, to some extent, the relative strength of Dublin in the overseas visitors market where it accounted for almost 37% of visitor revenues in 2008. The strength of Dublin, and indeed other urban destinations in Ireland, can be attributed to the global trend for more short urban breaks. This has improved the seasonality of Irish tourism but has made achieving regional spread of growth more challenging. That said, the fact that all regions and sectors are not benefiting to the same extent from our tourism industry continues to be a matter for attention from the Department and the State tourism agencies as tourism policy and programmes evolve. I am confident that the regional tourism development strategies for the period 2008-2010 that have been prepared by the Regional Tourism Development Boards and are currently being implemented are facilitating the tourism industry to maximise its contribution to the regions, and that the various region- specific initiatives managed by Fáilte Ireland and Tourism Ireland will further help to address this situation. Furthermore, an extensive range of marketing, product development, festival and sporting events, training and business supports have been rolled out by the Tourism State Agencies under the Tourism Services budget of the Department. For example, despite cutbacks in public expenditure, the Government has maintained the core overseas marketing spend in 2009 at over \47 million. A major focus of Fáilte Ireland activity in 2009 is on continuing to expand the home market with in excess of \3 million being invested in a year-round marketing programme including television, radio, press and outdoor channels to promote awareness of, and interest in, taking a break during 2009. The two key drivers of this programme are ‘’Value’ and ‘Convenience’. In September, Fáilte Ireland launched an enhanced Autumn domestic tourism marketing campaign with special offers and discounts. In addition, \4 million is being invested in supporting local and national festivals as a critical attraction within the home holiday campaign for 2009.

Community Development. 126. Deputy Jimmy Deenihan asked the Minister for Community, Rural and Gaeltacht Affairs if funding for community development projects will continue at current levels including a centre (details supplied); and if he will make a statement on the matter. [42413/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): I refer the Deputy to Question No. 41635/09 answered on 17 November 2009.

Proposed Legislation. 127. Deputy Ruairí Quinn asked the Minister for Social and Family Affairs when she will introduce legal recognition of the acquired gender of transsexuals as mentioned in the revised programme for Government; when she expects to publish the relevant legislation; and if she will make a statement on the matter. [42367/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In the revised Programme the Government accepts the need to provide legal recognition for transsexuals in their acquired gender. I will be moving to progress this matter in the immediate future. The means by which legal recognition will be effected may include legislation and in any event will require careful consideration and consultation.

Social Insurance. 128. Deputy Richard Bruton asked the Minister for Social and Family Affairs the amount of

373 Questions— 19 November 2009. Written Answers

[Deputy Richard Bruton.] employer PRSI which was raised in the years 1982, 1987, 1989, 1992, 1994, 1997, 2002 and 2007; and if she will make a statement on the matter. [42382/09]

129. Deputy Richard Bruton asked the Minister for Social and Family Affairs the amount of personal PRSI which was raised in the years 1982, 1987, 1989, 1992, 1994, 1997, 2002 and 2007; and if she will make a statement on the matter. [42383/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 128 and 129 together. The buoyancy of social insurance receipts is contingent on a number of factors including the ease of access to insurability, the buoyancy in the labour market, the earnings of workers and the applicable rates of social insurance. The numbers of insured population of workers has grown consistently over the period referenced. In 1982 the number of workers insured totalled 1,152,890. By 2007, the figure rose to an insured population of 3,002,276. Self-employed con- tributors entered into compulsory insurance from 1988 and as such are considered to be encompassed in the reference to personal PRSI during the specified years. The information requested by the Deputy is set out below in tabular form.

PRSI Receipts

Year Employer PRSI Employee PRSI Self Employed PRSI Total PRSI

\000 \000 \000 \000

1982*† Not available Not available Not insurable 829,552 1987*† Not available Not available Not insurable 1,194 894 1989*† Not available Not available Not available 1,402 315 1992† 1,272,928 522,532 89,660 1,885,120 1994 1,425,863 597,779 115,415 2,139,057 1997† 1,739,553 571,821 157,941 2,469,315 2002 3,520,443 974,219 252,455 4,747,117 2007 5,762,011 1,539,147 420,852 7,722,010 †The figures quoted are the euro equivalent of contributions collected in Irish pounds. *A breakdown between employer, employee and self-employed of PRSI contributions received is not published in the statutory accounts for the relevant years.

Social Welfare Benefits. 130. Deputy Brendan Kenneally asked the Minister for Social and Family Affairs if a person (details supplied) in County Dublin will be allowed continue on the back to education allowance in view of the fact they were asked to go on a course by her Department; if her attention has been drawn to the fact that they did not get a qualification from the short period that was spent on a third level course in UCD; if her further attention has been drawn to the fact that if they had to revert to jobseeker’s allowance they would be receiving the exact same amount of money from her Department; if she will allow them to continue on the course due to the fact that it will give them a better opportunity to secure employment in the future; and if she will make a statement on the matter. [42400/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The case in question is currently being reviewed and the Department will be in contact with the person concerned and the Deputy as soon as possible. 374 Questions— 19 November 2009. Written Answers

Social Welfare Appeals. 131. Deputy Ciarán Lynch asked the Minister for Social and Family Affairs when a decision on appeal will be forthcoming for a person (details supplied) in County Cork; and if she will make a statement on the matter. [42436/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the relevant Departmen- tal papers and comments on the grounds of appeal in the case of the person concerned have been sought. When received, the appeal in question will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff. 132. Deputy Seán Sherlock asked the Minister for Social and Family Affairs the position regarding the staffing levels at four social welfare offices in Mallow, Cobh, Bantry and Carriga- line in County Cork; the number of positions that have become available in these offices but have not been filled due to the employment embargo, the waiting periods for social welfare applications in these offices; and if she will make a statement on the matter. [42468/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Details of the number of staff assigned to each of the offices in question are shown in Table A of the attached tabular statement. The recruitment embargo has not impacted on the staffing of the offices in question. In relation to the Department’s Carrigaline office, work is in train on the assignment of four permanent staff. However, temporary staff are in place pending the assignment of the permanent staff. Due to accommodation restrictions in Carrigaline, three of the temporary staff are based in the Department’s Cork offices. There are accommodation issues in the Department’s Mallow office that are being addressed at present. The need for additional resources will be reviewed and the necessary assignments made when the accommodation issues are resolved. The average processing times for claims decided in October was 3.14 weeks for jobseekers benefit and 7.38 weeks for jobseekers allowance. This is the average nationally and there are fluctuations between offices. Details of the waiting times at the offices in question are set out in Table B in the attached tabular statement.

Table A — staffing levels

Office No. of staff

Bantry 9.6 Carrigaline 22.5 Cobh 5.5 Mallow 8.9

Table B — waiting times in weeks

Office Jobseekers Benefit Jobseekers Allowance

Bantry 1.80 8.60 Carrigaline 1.67 7.67 Cobh 0.82 1.95 Mallow 3.77 5.34

375 Questions— 19 November 2009. Written Answers

Employment Support Services. 133. Deputy Richard Bruton asked the Minister for Social and Family Affairs the terms on which persons would retain their social welfare entitlements while taking up a graduate placement introduced in 2009; the other criteria which apply to this scheme; and if it extends to cover secondary benefits. [42506/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Work Placement Prog- ramme is designed to offer unemployed people, including unemployed graduates, the opportunity to obtain quality work experience. It is administered by FÁS under the aegis of the Department of Enterprise, Trade and Employment. There are two streams under the programme. One is for unemployed graduates who have attained a full award at level 7 or above on the National Framework of Qualifications, the other stream is open to all other unemployed people. Up to now, the programme has been confined to people in receipt of jobseeker’s allowance who have been unemployed for 6 months. The Programme, when introduced, provided for a period of six months work placement. This is being revised with effect from the 1st December 2009 to provide 9 months work experience. People who graduated in 2009 will now be eligible to participate in the programme. People of working age, on schemes such as jobseekers’ allowance, jobseekers’ benefit, one-parent family payments and disability allowance will now be eligible to be included in the programme. The period for which participants have to be in receipt of a social welfare payment in order to be eligible to retain their social welfare entitlements, has been reduced from six months to three months. Participants will retain their payments and secondary benefits in accordance with the conditions governing the relevant social welfare scheme. Participation in the Work Placement Programme will not alter the rate of payment and will not curtail or extend its duration. Unem- ployed people who are not receiving a social welfare payment will also be eligible to participate but they will not be entitled to a payment. To register an interest in the Work Placement Programme, a person should contact their local FÁS office.

Social Welfare Code. 134. Deputy Richard Bruton asked the Minister for Social and Family Affairs the minimum payment from a social welfare income; the ceiling level of eligible rent, mortgage interest and house insurance; the maximum duration of payment in respect of new claims for supplement towards private rents or mortgage interest payments; and if she will make a statement on the matter. [42508/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme provides for a weekly or monthly supplement to be paid in respect of rent or mortgage interest to any person in the State whose means are insufficient to meet their needs. The supplementary welfare allowance scheme is administered by the community welfare service of the Health Service Executive on behalf of the Department. The purpose of the rent supplement scheme is to provide short-term support, to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. Similarly, mortgage interest supplement provides short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. Rent and mortgage interest supplement is subject to a means test which is normally calculated to ensure that, after payment of rent or mortgage interest, an eligible

376 Questions— 19 November 2009. Written Answers person has income equal to the rate of basic supplementary welfare allowance appropriate to their family circumstances, less a minimum contribution, currently \24, which each recipient is required to pay from his or her own resources. In accordance with the statutory qualifying conditions, rent supplement is normally paid for the duration of the period for which entitlement exists. Rent supplements are subject to a limit on the amount of rent that an applicant may incur. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household and market conditions. Maximum rent limits are prescribed in regulations and are time limited so that they can be adjusted in the light of rent levels generally. Rent limits were reviewed earlier this year. In testing the level at which basic accommodation can be secured, the Department was informed by analysis of a number of data sources including data published by the CSO on trends in the private rental market. Rent limits and payments to existing rent supplement recipients were reduced to reflect the downward trends in the private rental market. A copy of the current maximum rent limits is attached. Mortgage interest is defined in Section 187 of the Social Welfare Consolidation Act 2005 (as amended). In accordance with this provision, a mortgage interest supplement may be paid on the full amount of interest payable, where the loan has been taken out for the purchase, repair or essential improvement of the sole or main residence of a person or to pay off another loan used for that purpose. In addition, under Article 10 of the Social Welfare (Consolidated Supplementary Allowance) Regulations 2007 (S.I. No. 412 of 2007), a supplement towards mortgage interest may be payable where the Executive is satisfied that the amount of mortgage interest payable by the claimant does not exceed such amount as it considers reasonable to meet his or her residential and other needs and where the Executive considers it is reasonable to award a supplement having regard to the amount of any arrears outstanding on the loan. When considering if the amount of mortgage interest is reasonable to meet residential need, regard would normally be had to the household composition of the claimant and to the appropriate maximum rent limits in operation in that geographical area. In accordance with the statutory qualifying conditions, mortgage interest supplement is normally paid for the duration of the period for which entitlement exists. In exceptional circumstances, the Health Service Executive may award a supplement where the amount of mortgage interest payable by a person exceeds such amount as the Health Service Executive considers reasonable to meet his or her residential needs. Such an exceptional supplement is payable for a maximum of 12 months from the date of the claim.

377 Questions— 19 November 2009. Written Answers children children with 1 child parent family with 2 parent family with 3 Maximum Rent Levels from 1st June 2009 \\\\\\\ shared accommodation children or one-parent family children or one- children or one- accommodation Single person in Couple in shared Single person Couple with no Couple with 1 child Couple with 2 Couple with 3 (1) (2) (3) (4) (5) (6) (7) (8) DublinWicklowKildareLongfordWestmeathOffalyLaoisLimerick 92Tipperary 92 NorthTipperary South 92 66Clare 66LouthMonaghan 66Cavan 66 92Meath 66 66 76 92Donegal 92Leitrim 66 66SligoWexford 66 66 66 66Waterford 66 122Carlow 66 66 76 122 66Kilkenny 66 112Kerry 66 94Cork 94 66Mayo 66 66Galway 66 76 66 94 186 76 94Roscommon 177 103 108 94 66 166 76 66 76 112 66 112 66 71 94 112 71 108 85 76 66 122 930 76 66 880 66 122 122 112 66 880 85 76 131 108 76 131 85 71 85 122 122 113 131 1,110 71 140 108 1,110 94 140 108 140 66 66 131 66 1,110 113 131 108 144 108 112 149 112 140 1,110 94 149 131 1,110 149 122 158 108 112 122 158 158 1,110 149 108 108 108 131 122 163 158 122 131 163 131 143 158 158 140 163 140 143 172 140 140 172 158 108 108 163 131 140 140 177 140 138 138 143 172 186 172 163 158 158 158 163 163 163 172 158 186 158 158 153 171 158 177 158 158 180 180 186 158 158 183 189 180 180 186

378 Questions— 19 November 2009. Written Answers

The values refer to weekly values except for the values in Column 6, Column 7 and Column 8 for Dublin Kildare and Wicklow which are monthly values.

135. Deputy Richard Bruton asked the Minister for Social and Family Affairs the person eligible to apply for rent supplement; and the procedure where a person who has an emergency housing need would avoid the application of the six month renting rule. [42509/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The purpose of the rent supplement scheme is to provide short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from another source. The 2009 Supplementary Budget introduced new arrangements for access to rent supplement. In order to qualify for a rent supplement, from the 27th July 2009, a person must have been residing in private rented accommodation or accommodation for homeless persons (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement. A person may also qualify for rent supplement where an assessment of housing need has been carried out within the 12 months preceding the date of claim and the person is deemed by the relevant local authority to be eligible for and in need of social housing support. In all other cases, a person who wishes to apply for rent supplement is referred, in the first instance, for an assessment of eligibility for social housing support by the local housing authority in the area where claim to rent supplement is made (and the person intends to reside). Only when the person has been assessed as being eligible for and in need of social housing support, does the person become eligible for consideration for rent supplement. The aim of this restriction on entitlement to rent supplement and the new working arrangements is to ensure that the housing authorities remain the principal agents both for assessing housing needs and for meeting the long-term housing needs of persons. Detailed guidelines on the operation of the restrictions on access to rent supplement were issued simultaneously by the Department of Social and Family Affairs and the Department of Environment, Heritage and Local Government to community welfare staff and local housing authority staff respectively. The Guidelines which issued to local housing authorities advised that they should deal with those presenting with an immediate housing need, by way of social housing accommodation or, where none is available, emergency accommodation until such time as a housing needs assessment is completed. Where emergency accommodation is deemed not appropriate by the relevant local authority, the authority can prioritise the housing needs assessment for this household so that rent support can be provided sooner, where applicable. These procedures, where operated by local housing authorities, should ensure that those with an urgent housing need have their needs met in the most appropriate manner.

136. Deputy Richard Bruton asked the Minister for Social and Family Affairs if persons, who are on a partial jobseeker’s allowance, are excluded from back to education allowance to participate in career changing college courses arranged with Higher Education Authority support under the labour market activation programme; her views on relaxing rules to allow such persons receive support while participating. [42520/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The back to education allowance is a second chance educational opportunities scheme for people on welfare payments who wish to participate in full time education and who would not otherwise be able to do so. In

379 Questions— 19 November 2009. Written Answers

[Deputy Mary Hanafin.] order to qualify for participation, an applicant must be in receipt of a relevant social welfare payment for 3 months if pursuing a second level course or 12 months if pursuing a third level course. The qualifying period for access to third level courses is reduced to 9 months for those who are participating in the National Employment Action Plan process or engaging with the Department’s facilitator programme. People who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. The back to education allowance is paid at a standard weekly rate equivalent to the maximum rate of the relevant social welfare payment that qualifies the person to participate in the scheme. Consequently a person (a) that satisfies the qualifying period outlined above and is (b) on a reduced rate of jobseeker’s allowance would have their rate increased if approved for the back to education allowance. The Department of Enterprise Trade and Employment, the Department of Education and Science and the Higher Education Authority have undertaken a joint initiative to provide 1,500 part-time undergraduate places and 1,000 part-time postgradu- ate places to people who are unemployed and on the live register for at least 6 months or have an entitlement to statutory redundancy. A jobseeker who wishes to participate in a part-time course may do so under the Depart- ment’s part-time education option (PTEO). Participants may continue to receive their existing social welfare entitlements provided they continue to satisfy all the existing terms and conditions of their jobseeker scheme. Participation on a part-time course does not attract any increase in the rate of payment or any extension of the payment period. There is no requirement to be unemployed for a certain length of time before commencing a part-time course of education. Approval to undertake a part-time course must be obtained in advance from the local social welfare office. The conditions of the back to education programme will continue to be monitored in the context of the objectives of the schemes and changes in the economic climate.

Defence Forces Reserve. 137. Deputy Bernard J. Durkan asked the Minister for Defence the strength of the Army Reserve including Navy and Air Corps; and if he will make a statement on the matter. [42476/09]

Minister for Defence (Deputy Willie O’Dea): I am advised by the Military authorities that the strength of the Reserve Defence Force as at 31 October, 2009 was 6,853, comprising Army 6,560, and Naval Service 293. In the context of the Government Decision on the implementation of savings measures on public service numbers and the reduced budgetary provision available for 2009, all recruitment to the RDF was suspended earlier this year. Following a review and examination of RDF personnel numbers and budget, I was satisfied that there would be sufficient provision to allow for paid training for existing members of the Army Reserve and Naval Service Reserve this year. Accordingly, I approved the commencement of limited recruitment to fill vacancies which may arise due to existing Army Reserve or Naval Service Reserve members resigning or being discharged during 2009, in the normal manner. This is subject to the overall strength figure that existed at 1 January 2009 (7,671) not being exceeded. Progress on recruitment is being reviewed periodically.

Defence Forces Equipment. 138. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the

380 Questions— 19 November 2009. Written Answers technology available to the Defence Forces here is kept up to date in line with best international practice and requirements; and if he will make a statement on the matter. [42477/09]

Minister for Defence (Deputy Willie O’Dea): I am satisfied that each of the services, Army, Air Corps and Naval Service are fully equipped to meet the roles assigned to them by Govern- ment. Significant investment has taken place in recent years across all facets and elements of the Defence Forces. This investment has been assisted by pay savings arising from the reduction in the strength of the Permanent Defence Force in the context of the White Paper of 2000, which have been fully re-invested in the provision of equipment and infrastructure for the Defence Forces. The level of investment has ensured that Defence Forces personnel have the most modern and effective range of equipment and technology available, on a par with the best international practice and requirements, to carry our their day-to-day roles both at home and overseas and for training purposes.

Overseas Missions. 139. Deputy Bernard J. Durkan asked the Minister for Defence if Irish troops due for deployment overseas are given adequate opportunity to train alongside their fellow peacekeepers prior to deployment; and if he will make a statement on the matter. [42478/09]

140. Deputy Bernard J. Durkan asked the Minister for Defence his plans to maintain the strength of the Army, Navy and Air Corps; his further plans to improve, increase or enhance the scale and quality of training and the provision of equipment in line with standards throughout the EU; and if he will make a statement on the matter. [42479/09]

145. Deputy Bernard J. Durkan asked the Minister for Defence if he will give an assurance that the training and equipment standards of the Defence Forces will continue in line with best international standards and practices having particular regard for the likelihood of overseas deployment; and if he will make a statement on the matter. [42484/09]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 139, 140 and 145 together. The Permanent Defence Force receives ongoing training to enable them to participate fully in UN, EU and other missions overseas. Troops selected for overseas service undergo a rigorous programme of training, designed to help them carry out their peacekeeping mission and to provide for their protection. Pre-deployment training is updated on an ongoing basis in the light of any changes in the threat assessment or mission requirements. The Defence Forces are also involved in interoperability training and technical developments in co-ordination with UN and EU partners. For example, the Defence Forces took part in Exercise Illuminated Summer in Autumn 2007, as part of the main interoperability exercise, during Ireland’s membership of the Nordic Battlegroup 2008. The Defence Forces have also participated in a range of desktop and command post exercises based on realistic peacekeeping scenarios. Defence Forces training is based on and updated in accordance with best practice international training standards. Ireland, in common with other neutral EU Member States who are members of Partnership for Peace (PfP), participates in the PfP Planning and Review Process (PARP) mechanism for planning in relation to peace support operations. The scope of Ireland’s involvement in PARP is focused on enhancing interoperability so that Defence Forces personnel can operate efficiently and effectively in a multi-national environment.

381 Questions— 19 November 2009. Written Answers

[Deputy Willie O’Dea.]

Defence Forces personnel serving on all overseas missions are equipped with the most modern and effective equipment. This equipment enables troops to carry out the mission assigned, as well as providing the required protection specific to the mission. Ongoing threat assessments are carried out in mission areas and we continually review both personal equipment and force assets, to ensure that Defence Forces personnel are appropriately equipped to fulfil their roles. I am satisfied that Defence Forces personnel serving overseas receive, and will continue to receive, the necessary training and equipment to enable them to carry out their duties in a professional manner. The White Paper on Defence of February 2000 sets out a figure of 10,500 personnel for the Permanent Defence Force comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 for the Army. I am advised by the military authorities that on 31 October 2009, the most recent date for which figures are available, the actual total of the Permanent Defence Force was 10,013, comprising 807 Air Corps, 1,031 Naval Service and 8,175 Army personnel. In the context of the Government decision on the implementation of savings measures on public service numbers and the reduced budgetary provision available for 2009, all recruitment, promotions and appointments to acting positions were suspended. My focus at this point in time is on ensuring that the Defence Forces retain operational capability. I am acutely aware of the impact of the moratorium on the Permanent Defence Force, particularly in light of the very high turnover rate that is part of any military organisation. I am in ongoing contact with my colleague, the Minister for Finance, regarding limited exceptions to the moratorium, which are targeted at maintaining the operational capability and command arrangements of the Permanent Defence Force. To date I have succeeded in achieving sanction to fill a number of key posts, including Deputy Chief of Staff (Operations), two Brigadier-General posts, Director of Military Prosecutions as well as achieving agreement to recruit 42 cadets for which the competition has recently been run. In addition, sanction was granted for 42 acting appointments for our mission to Chad and 20 for Kosovo. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government at home and overseas and the situation is being monitored on an ongoing basis.

Questions Nos. 141 to 143, inclusive, answered with Question No. 17.

Question No. 144 answered with Question No. 38.

Question No. 145 answered with Question No. 139.

Defence Forces Strength. 146. Deputy Bernard J. Durkan asked the Minister for Defence the total strength of the Army, Naval Service and Air Corps in each of the past five years to date in 2009; and if he will make a statement on the matter. [42522/09]

Minister for Defence (Deputy Willie O’Dea): The strength of the Army for each of the past 5 years and as of 31 October, 2009 is set out in the tabular statement below. This statement also provides figures for the Air Corps and the Naval Service for the same period. The White Paper on Defence of February 2000 sets out a figure of 10,500 personnel for the Permanent Defence Force comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 for the Army. I am advised by the military authorities that on 31 October 2009, the most recent date for which figures are available, the actual total of the Permanent Defence Force

382 Questions— 19 November 2009. Written Answers was 10,013 comprising 807 Air Corps, 1,031 Naval Service and 8,175 Army personnel. In the context of the Government decision on the implementation of savings measures on public service numbers and the reduced budgetary provision available for 2009, all recruitment, promotions and appointments to acting positions was suspended. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government at home and overseas and the situation is being monitored on an ongoing basis. My focus at this point in time is on ensuring that the Defence Forces retain operational capability. Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes.

End of Year Personnel Strength 2004-2008 and End Octobter 2009

Year Army Navy Air Corps Overall

OFFR NCO PTE Total OFFR NCO PTE Total OFFR NCO PTE Total OFFR NCO PTE Total

2004 1,040 3,072 4,480 8,592 156 490 442 1,088 140 398 333 871 1336 3,960 5,255 10,551 2005 1,052 3,060 4,427 8,539 163 471 421 1,055 134 403 315 852 1,349 3,934 5,163 10,446 2006 1,060 3,030 4,442 8,532 164 506 412 1,082 136 383 346 865 1,360 3,919 5,200 10,479 2007 1,049 2,947 4,516 8,512 159 487 431 1,077 137 383 325 845 1,345 3,817 5,272 10,434 2008 1,071 2,970 4,466 8,507 160 495 415 1,070 147 380 305 832 1,378 3,845 5,186 10,409 Oct 1,063 2,879 4,233 8,175 160 483 388 1,031 142 373 292 807 1,365 3,735 4,913 10,013 2009

Social and Affordable Housing. 147. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the number of persons who have drawn down home choice loans; and if he will make a statement on the matter. [42373/09]

157. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the volume of activity for home choice loan and the equity loan for each of the past four quarters for which data are available in each of the four Dublin local authorities. [42502/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 147 and 157 together. The Home Choice Loan scheme is operated by four local authorities acting on a regional basis. Dublin City Council administers the scheme on behalf of the four Dublin authorities, as well as Louth, Meath, Kildare and Wicklow County Councils. The table below shows activity under the scheme in the region administered by Dublin City Council. The information is available on a regional basis only.

Dublin Region

2009 Applications Declined Approved

Q1 9 9 — Q2 9 9 — Q3211 Q4 1 1 —

Total 21 20 1

383 Questions— 19 November 2009. Written Answers

[Deputy Michael Finneran.]

While provision has been made in the Housing (Miscellaneous Provisions) Act 2009 for the introduction of new, equity-based Affordable Dwelling purchase arrangements to replace existing affordable housing schemes, the scheme has not yet been commenced.

Control of Dogs. 148. Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government when he will introduce new regulations restricting the rights of persons to own dangerous breeds of dogs; and if he will make a statement on the matter. [42374/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Control of Dogs Regulations 1998 place controls on the following ten breeds of dogs : American Pit Bull Terrier, Bull Mastiff, Doberman Pinscher, English Bull Terrier, German Shepherd (Alsatian), Japanese Akita, Japanese Tosa, Rhodesian Ridgeback, Rottweiler, Staf- fordshire Bull Terrier and every type of dog commonly known as a Ban Dog (or Bandog). The controls, which must be observed when the dog is in a public place, require that these dogs, or strains or crosses thereof, must be kept on a short lead by a person over 16 years of age who is capable of controlling them and that they be securely muzzled. Furthermore the Control of Dogs Act 1986 gives specific powers to the courts to order that a dog, which the court considers dangerous, must be kept under control or be destroyed. It is a matter for the Gardaí and the local authority to deal with enforcement of the regulations. I do not propose to introduce new regulations at this time.

Radon Gas. 149. Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the average cost of each radon detector unit as supplied by the Radiological Protection Institute of Ireland; and if he will make a statement on the matter. [42396/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The cost of each radon measurement kit for sale from the Radiological Protection Institute of Ireland (RPII) is \56. Measurement kits are also available from private service providers at a range of similar costs. I would strongly encourage householders living in High Radon Areas to have their homes tested for radon. If the level is high it is important that the appropriate remediation measures are put in place to bring radon concentrations down to safe levels. Infor- mation on High Radon Areas and appropriate remediation measures for homes with high levels of radon is available on the website of the Radiological Protection Institute of Ireland (www.rpii.ie).

Departmental Agencies. 150. Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the annual operating budget for the Radiological Protection Institute for 2009; the projected budget for 2010; and if he will make a statement on the matter. [42397/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The total operating budget for the Radiological Protection Institute of Ireland (RPII) for 2009 is \5.485 million of which \3.945 million is Exchequer funded and \1.540 million is estimated

384 Questions— 19 November 2009. Written Answers earned fees for services. Pending publication of 2010 estimates, it is not possible to provide the RPII projected budget for 2010 at this time.

Architectural Heritage. 151. Deputy Chris Andrews asked the Minister for the Environment, Heritage and Local Government if he will make a recommendation to the Dublin City Council planning authority to include the Poolbeg chimneys in Dublin 4 in its record of protected structures. [42404/09]

152. Deputy Chris Andrews asked the Minister for the Environment, Heritage and Local Government if he will undertake a national inventory of architectural heritage survey for Dublin. [42405/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 151 and 152 together. Delivery of the National Inventory of Architectural Heritage (NIAH) project is well advanced with a substantial body of survey work published and accessible on the Buildings of Ireland website at www.buildingsoflireland.ie. Substantive work is underway on 6 surveys around the country. The initial scoping of the NIAH survey for Dublin City has commenced. The survey will represent a significant undertaking and considerable further planning is required. In the interim, Dublin City Council maintains a Record of Protected Structures and has continued to add structures to it. Generally, it is not the practice to issue Ministerial recommendations to planning authorities in advance of the completion of the relevant NIAH survey.

Local Authority Staff. 153. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of permanent staff and temporary staff employed by each local authority at the end of June 2008, end of September 2008, end of June 2009, and the end of September 2009, in tabular form; and if he will make a statement on the matter. [42425/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The numbers of permanent and temporary staff employed by each local authority at the end of June 2008, end of September 2008, end of June 2009, and the end of September 2009, as supplied to my Department by each Local Authority, expressed as whole time equivalents, are shown in the attached table. Under the terms of the Government’s decision on implementation of savings in public service, no public service post, however arising, may be filled by recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade. This decision is effective from 31 March 2009. My Department has, accordingly, written to all local authorities requesting their compliance. The Department of Finance has recently approved a delegated sanction to my Department for implementation of the general moratorium on the filling of public sector posts in the Local Authority Sector, on the condition that the overall staffing levels in the local authority sector are to be reduced significantly by the end of 2010 in adherence with the Government’s Policy on Staffing and Numbers in the Public Sector. Under the new arrangements which issued to the local authority sector on 20 August 2009, Local Authorities are expected, where vacancies arise, to consider options for reorganisation and reallocation of work to meet requirements. Any exceptions to this principle, which will arise in very limited circumstances, require sanction from my Department.

385 Questions— 19 November 2009. Written Answers

[Deputy John Gormley.]

Permanent Temporary

Local Authority June 08 Sept. 08 June 09 Sept. 09 June 08 Sept. 08 June 09 Sept. 09

Cork City 1,422 1,422 1,410 1,408 108 106 54 41 Dublin City 6,577 6,759 6,573 6,538 749 212 146 131 Galway City 428 415 415 418 136 136 78 69 Limerick City 544 518 519 516 55 49 31 19 Waterford City 395 386 379 375 96 91 72 56 Carlow 320 320 306 301 66 41 28 25 Cavan 452 467 434 441 40 22 16 20 Clare 768 773 745 749 141 146 114 97 Cork 2,416 2,418 2,360 2,335 548 428 119 89 Donegal 980 987 989 980 364 299 154 83 Dun Laoghaire 1,198 1,200 1,139 1,145 199 87 94 70 Fingal 1,535 1,528 1,478 1,464 161 100 51 47 Galway 880 875 864 850 291 206 157 107 Kerry 1,156 1,163 1,172 1,167 267 227 123 90 Kildare 900 908 920 917 328 200 71 56 Kilkenny 560 559 562 550 147 99 45 34 Laois 381 385 412 386 61 65 26 24 Leitrim 311 313 308 299 55 47 15 12 Limerick 760 760 729 722 103 57 33 30 Longford 338 351 324 311 54 51 31 26 Louth 696 711 694 691 67 35 19 15 Mayo 1,090 1,096 1,138 1,131 137 136 170 145 Meath 630 634 645 652 223 168 109 77 Monaghan 434 436 432 428 47 33 18 14 Offaly 444 457 462 459 95 46 27 27 Roscommon 525 529 525 520 58 60 53 36 Sligo 526 528 513 511 90 71 47 32 South Dublin 1,278 1,288 1,257 1,246 203 192 181 169 Tipperary North 554 476 497 48 1 155 123 101 42 Tipperary South 676 676 673 664 45 43 13 9 Waterford 529 529 531 530 77 75 65 40 Westmeath 480 482 472 472 119 85 43 35 Wexford 787 791 790 775 123 102 56 53 Wicklow 762 755 759 750 160 186 117 144

Nuclear Plants. 154. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the level of engagement his Department and other relevant State agencies have had with the British authorities concerning the British Government’s plans to develop seven new nuclear power stations; if he is satisfied the proposed facilities conform with international safety standards; and if he will make a statement on the matter. [42473/09]

386 Questions— 19 November 2009. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 276 of 18 November 2009, which outlines the current position on this matter.

Town Boundaries. 155. Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government his views on the proposals by Midleton Town Council, County Cork, to make alterations to the town’s boundary; and if he will make a statement on the matter. [42500/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Midleton Town Council applied for a boundary alteration in 2006. The extent of the change to the boundary sought by the Town Council was opposed by Cork County Council. My Depart- ment wrote to Midleton Town Council in December 2007 stating that I considered it inappropriate to proceed with the application for a number of reasons, including the lack of agreement between town and county, the passage of time since the initiation of the proposal, and the ongoing process of local government reform. The forthcoming White Paper on Local Government, which I will shortly bring to Government, will address a broad suite of local government issues, including in relation to boundary alterations.

Social and Affordable Housing. 156. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the terms and conditions governing home choice loan, shared ownership schemes, equity loans and standard mortgages from the local authorities; and the mortgages charge, the mortgages protection charge, the rental charge per \100,000 capital value of the house and the percentage variable or fixed rates on which they are based. [42501/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I have arranged for details of the eligibility criteria for the Home Choice Loan Scheme, Affordable Housing, Shared Ownership and Local Authority house purchase loans to be sent directly to the Deputy. It should be noted that while provision was made in the Housing (Miscellaneous Provisions) Act 2009 for the replacement of existing affordable housing schemes with a single, equity based Affordable Dwelling Purchase Scheme, this has not yet been commenced. Under the local authority mortgage protection scheme, an annual premium of 0.56% applies to the capital outstanding. This scheme was recently enhanced to provide cover for the rental portion of shared ownership. This is charged at an annual premium of 0 .334% of the capital outstanding. Under the shared ownership scheme houses are acquired by a local authority and leased to the shared owner, who purchases at least 40% of the value of the house and rents the remaining equity from the local authority. The shared owner must purchase full ownership outright within 30 years. For transactions commenced on or after 1 January 2003, the annual rent is calculated at 4.3% of the value of the local authority equity and, thereafter, is increased by a fixed 4.5% on 1 July each year. For transactions entered into between 1 May 1998 up to 31 December 1 2002, rent is calculated at 42% (5% before 1 May 1998) of the value of the local authority share updated on 1 July each year by reference to the most recently published CPI. Home Choice loans are available at a standard variable rate only. This is currently 3.35%. Local authority house purchase loans are available at either variable or five year fixed rates. The current variable rate is 2.25% while the five year fixed rate is 4.4%.

387 Questions— 19 November 2009. Written Answers

[Deputy Michael Finneran.]

In terms of other fees, the administration and processing of applications under the various affordable housing schemes is a matter for individual local authorities, and one in which my Department has no direct function. Accordingly, my Department does not have detailed information on the range of fees applied by individual authorities in providing access to prospective purchasers of affordable housing.

Question No. 157 answered with Question No. 147.

158. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the number of new social housing units constructed; the number of new rental accommodation scheme tenancies entered into in each of the past four quarters for which data is available in each of the Dublin local authorities. [42503/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Information in relation to activity under the range of housing programmes, including construction, for 2008 and Quarter 1 of 2009 is set out in my Depart- ment’s annual and quarterly Housing Statistics Bulletins, copies of which are available in the Oireachtas library and on my Department’s website, www.environ.ie. Information in relation to Quarter 2 of 2009 will be published shortly in the 2009 Quarter 2 Housing Statistics Bulletin. Information in relation to the number of households accommodated under the Rental Accommodation Scheme in the past 4 quarters is set out in the following table. Number of households transferred to the Rental Accommodation Scheme during the past four quarters:

Oct-Dec 2008 Jan-Mar 2009 Apr-Jun 2009 Jul-Sept 2009 Total

Dublin City 134 88 98 119 439 Dun Laoghaire/ Rathdown 22 8 26 25 81 Fingal 42 14 38 22 116 South Dublin 73 93 77 72 315

Total 271 203 239 238 951

In addition to the above households being transferred to RAS accommodation, a further 757 rent supplement households have been accommodated by the local authorities in other social housing accommodation. This information is set in the following table. Number of new rent supplement transfers to other social housing options during the Quarters shown below:

Oct-Dec 2008 Jan-Mar 2009 Apr-Jun 2009 Jul-Sept 2009 Total

Dublin City 70 53 48 38 209 Dun Laoghaire/ Rathdown 14 26 70 50 160 Fingal 17 10 49 43 119 South Dublin 89 26 60 94 269

Total 190 115 227 225 757

388 Questions— 19 November 2009. Written Answers

Housing Grants. 159. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the number of local authorities that are continuing to accept applications under the housing aid, mobility aids and housing adaption disability schemes; and if he will make a statement on the matter. [42504/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Allocations totalling \79.562 million for 2009 were notified to local authorities under the Housing Adaptation Grant Scheme for Older People and People with a Disability, the Mobility Aids Grant Scheme and the older Disabled Persons and Essential Repairs Grant Schemes on 7 May 2009. Having regard to the continued priority which the Government attaches to these schemes and following an evaluation of the ongoing level of demand for grants, the level of expenditure to date and the capacity of local authorities to process and approve additional applications in the current year, I approved a supplementary allocation of approximately \12.5 million to some 26 local authorities on 12 October, 2009. The detailed administration of the grant schemes, including the assessment and approval of applications and the payment of grants to individual applicants, is the responsibility of the relevant local authority. It is a matter for each local authority to decide on the specific level of funding to be directed towards each of the individual schemes, from within the allocation notified to them by my Department, and to manage the operation of the schemes in their areas from within their allocation. While my Department has not been formally advised of any local authorities having discontinued the schemes in their areas, they are very heavily subscribed and available funding has been heavily committed in many areas.

Television Licence Fee. 160. Deputy Tom Sheahan asked the Minister for Communications, Energy and Natural Resources his views on whether it is equitable and fair that members of an organisation (details supplied) have to pay a television licence fee of \160 for every unit whereas a 100 bed hotel has to pay only one television licence; if he will rescind this charge in order that members of this organisation and Bord Fáilte approved pay for one television licence in line with their competitors in the hotel sector; and if he will make a statement on the matter. [42411/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Cur- rently every premises in Ireland that has a television must have a television licence and no commercial television licence system operates. Section 144 of the Broadcasting Act, 2009 provides for the introduction of regulations in relation to different classes of licences in respect of different classes of premises e.g. commercial premises. The future development of any regulations in this area will take the matters raised by the Deputy into account.

Pension Provisions. 161. Deputy Maureen O’Sullivan asked the Minister for Communications, Energy and Natural Resources, further to Parliamentary Question 404 of 10 November 2009, the approximate date for the resolution to the discussions on RTÉ pensions; the reason it is inappropriate to answer questions on specific aspects or clauses by elected Members; if he will support the employees in having the reckonable service back-dated. [42377/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): As I stated in my reply to the Deputy’s previous question on this issue, approval of any RTÉ superannuation pension scheme is required under Section 91 of the Broadcasting Act 2009. A scheme

389 Questions— 19 November 2009. Written Answers

[Deputy Eamon Ryan.] submitted to me under this section shall, if approved of by me with the concurrence of the Minister for Finance, be carried out by RTÉ in accordance with its terms. As a matter of general principle, details of ongoing discussions in relation to the approval of superannuation pension schemes are not made public. This is a long-standing practice which has worked well in relation to approving pension schemes and it is not proposed to change it. My Department is continuing to engage, as a matter of priority, with the Department of Finance and RTÉ in respect of those aspects of the scheme and every effort is being made by the three parties to ensure an early resolution of the issues. The matter of reckonable service in respect of this scheme is a matter for RTÉ.

Grant Payments. 162. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their REPS 4 payment. [42361/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007– 2013 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first 2009 payments issue. Processing of applications, including the application from the person named, has commenced to facilitate the release of payments at the earliest possible date.

163. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food when a single farm payment will issue to a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [42417/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2009 Single Payment Scheme was received from the person named on 12 May 2009. This application was the subject of a ground eligibility, animal identification and registration inspection, which is now completed. The application has accordingly processed to completion and payment under the Single Payment Scheme will issue shortly, directly to the nominated bank account of the person named.

164. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Clare did not receive payment; and if he will make a statement on the matter. [42440/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): In order to receive payment under the 2009 Single Payment Scheme, a valid application form must have been submitted to my Department by 15 May 2009 — the deadline for receipt of applications under the Scheme, as provided for in the governing EU Regulations. My Department has no record of receiving a 2009 Single Payment Scheme application from the person named. When the person named contacted my Department he was informed to this effect and also advised that if the application had been forwarded to the Department before the deadline that a copy of the application together with proof of postage should be forwarded to the Single Payment Unit. While a 2009 Single Payment Scheme application form was subsequently received on 23 October from the person named, no evidence of proof of postage of the original application form was provided. In the absence of such evidence, a letter issued to the person named advising that no payment could be made under the 2009 Scheme and advising him of his right to appeal this decision. The person named was also reminded of the need to provide proof of

390 Questions— 19 November 2009. Written Answers postage as earlier advised. To date the required proof of postage has not been received by my Department.

Veterinary Offices. 165. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if the district veterinary office will be retained in Carlow in view of the fact it is essential for the three exporting companies located in the area; and if he will make a statement on the matter. [42494/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): On 15 July 2009, the Government approved my plan for a reorganisation of my Department’s Local Office Network. The plan involves reducing, from 57 to 16, the number of offices from which the Department will operate District Veterinary, Forestry and Agricultural Environment and Structures support services in the future. The sudden and significant decline in the public finances since 2008 has required all of us to examine our expenditure to identify possible savings and the Deputy will be aware that major changes on the programme side of the Department have been implemented in recent months. When fully implemented this reorganisation will deliver very significant annual savings of some \30 million, mainly in staff costs. Improvements in business processes, information technology and communications will allow the Department to provide to our clients, such services as those referred to earlier, from the 16 enhanced offices set out in the plan. As part of the process, the Carlow District Veterinary Office including the Agricultural Environment and Structures Office and the Forest Service Office will be vacated and all services will be provided for the counties Carlow and Wexford from a regional centre in Enniscorthy. My Department currently approves three slaughtering establishments in Co. Carlow under the European Communities (Food and Feed Hygiene) Regulations. The Department’s Veterin- ary Public Health Inspection Service maintains a permanent supervisory presence at each of these establishments during slaughtering activities. The supervising officials are based at each of the slaughtering establishments. The Veterinary Public Health Inspection Service does not have any officials based at the Carlow District Veterinary Office.

Knackery Industry. 166. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food the reason for the delay in granting a licence for the slaughtering of horses to a company (details supplied) in County Carlow on foot of an application lodged in February 2008; if he will expedite a response. [42495/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My Department currently approves this establishment under the European Communities (Food and Feed Hygiene) Regulations for the slaughter of bovine, ovine and porcine species. The Department maintains a veterinary presence at the establishment during all slaughtering activity, as well as providing a continuing supervisory presence to ensure ongoing compliance with the regulations. Since receipt of the application for approval for equine slaughter, the Department has worked closely with management of this establishment in order to ensure that the appropriate structural and operational requirements are met at the establishment for the approval of equine slaughter. A number of other issues have arisen in relation to the existing approvals that have required urgent attention by the establishment, and officials of my Department have met with management on a number of occasions in order to have these issues addressed. The most recent such meeting took place on 5 November last and arising from this meeting it has been agreed that

391 Questions— 19 November 2009. Written Answers

[Deputy Brendan Smith.] an approval inspection in relation to the application for equine slaughter will be carried out at the establishment by my Department’s veterinary officials on 26 November 2009.

Compensation Schemes. 167. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the fact that not all county councils are paying compensation to bee- keepers who have to destroy their hives as a result of being infected by American foul brood disease; if he will amend the Bee Pest Prevention (Amendment) Regulations 1978 to ensure that a standard compensation scheme is available nationally; and if he will make a statement on the matter. [42497/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Department of Agriculture, Fisheries and Food is responsible for notifying the Local Authority of any outbreak of American foul brood disease. Under the Bee Pest Prevention (Amendment) Regu- lations 1978 it is the responsibility of the individual Local Authority to compensate bee-keepers affected.

Literacy Levels. 168. Deputy Ruairí Quinn asked the Minister for Education and Science his views on the recommendation (details supplied) of the National Economic and Social Forum that a national literacy policy framework should be developed to ensure there are adequate links between national and local efforts to improve literacy; and if he will make a statement on the matter. [42348/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Promoting literacy and numeracy skills is already a core element of the ongoing work of schools. National assessments of achievement in reading literacy and mathematics are conducted at two points in primary education, second class and sixth class, at approximately five-year intervals. These assessments are conducted on behalf of my Department by the Educational Research Centre and the reports of the assessments are published. Promoting proficiency in literacy and numeracy is also a core objective of a range of measures under the DEIS Action Plan. From the beginning of 2007, standardised testing in English Reading and Mathematics has been implemented on an annual basis for all pupils at two stages of the primary cycle. This work is complemented by a separate programme of national monitoring so that national trends in different categories of school can be tracked over time. Schools in the DEIS programme have already been sampled by the Educational Research Centre for this purpose, the sample of English medium schools has been undertaken this year, and Irish medium schools will be sampled in 2010. Given the central role of assessment in guiding students’ learning, Guidelines on Assessment developed by the National Council for Curriculum and Assessment were published in October 2007 and issued to all teachers to assist schools in developing and implementing a policy on assessment practice in classrooms. The Council has also developed standardised templates for reporting to parents on children’s learning. Literacy and numeracy also form a key element of second chance education and training programmes for those with low levels of skill. New awards in this area have been developed at Levels 1 and 2 in the national qualifications framework.

392 Questions— 19 November 2009. Written Answers

Having regard to the above, I will consider the recommendation to develop a separate National Literacy Policy Framework in the light of the outcomes of the review of the implementation of DEIS measures and of the assessment programmes currently underway.

Educational Disadvantage. 169. Deputy Ruairí Quinn asked the Minister for Education and Science his views on the critique that the DEIS programme fails to target social disadvantage in many areas that do not qualify for the scheme due to the fact that they contain a substantial number of students who are not from disadvantaged backgrounds; his further views on the contention that many students are therefore continuing to struggle in education due to the fact that they happen not to live in some of the most disadvantaged areas here; and if he will make a statement on the matter. [42350/09]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): The majority of schools include among their pupils, children with disadvantaged backgrounds. In general most schools address the individual needs of these children without recourse to additional targeted resources and supports. Evidence has shown however that disadvantage associated with poverty and social exclusion assumes a multiplier effect where the levels are highly concentrated in schools. DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, provides for a standardised system for identifying levels of disadvantage and an integrated School Support Programme (SSP). As a result of the identification and review processes, 881 schools have been included in the School Support Programme (SSP) under DEIS. These comprise 679 primary schools (urban and rural) and 202 second-level schools. The plan commenced in 2006 and is being rolled out on a phased basis over the period to 2010. DEIS provides various supports for both primary and post primary schools. These include:

— reduced pupil teacher ratio in primary schools in urban areas with most disadvantage.

— allocation of administrative principal on lower figures than generally apply in primary schools in urban areas.

— additional capitation funding based on level of disadvantage. — additional funding for schools books.

— access to School Meals Programme

— access to numeracy/literacy supports and measures at primary level.

— access to Home School Community Liaison services.

— access to School Completion Programme.

— enhanced guidance counselling provision at post primary level.

— access to planning supports.

— provision for school library and librarian support at second level — access to Junior Certificate School Programme and Leaving Certificate Applied

— access to range of professional development supports.

393 Questions— 19 November 2009. Written Answers

[Deputy Seán Haughey.]

The renewed programme for Government reinforces my commitment to support children in DEIS schools. In particular the renewed commitment to the Junior Certificate Schools programme and the Leaving Certificate Applied will ensure that children attending the most disadvantaged Post Primary schools will continue to benefit from enhanced curricular relevance and choice as well as access to specific literacy and numeracy measures. The Deputy will be aware of my commitment to ensuring that all pupils, including those with special educational needs, can have access to an education appropriate to their needs preferably in school settings through the primary and post-primary school network. There has been unprecedented investment in providing supports for pupils with special needs in recent years. Exclud- ing Special needs assistants there are now about 9,000 adults in our schools working solely with pupils with special learning needs. This includes over 8,000 resource and learning support teachers in our schools compared with just 2,000 in 1998. Over 1,000 other teachers support pupils in our special schools. I intend to build on the progress that has been achieved in recent years which has seen a huge increase in resources for special needs.

170. Deputy Ruairí Quinn asked the Minister for Education and Science his views on the critique that there may be an incentive within the DEIS programme to not succeed at tackling inequality and disadvantage due to the fact that if a school is successful at implementing the DEIS programme, it will be deemed no longer necessary to give DEIS funds to that school; if he has given consideration to striking a balance between targeting funds to those in need and ensuring that success in the DEIS programme does not mean it ends financial support for these schools when the pilot phase of the process ends in 2010; and if he will make a statement on the matter. [42351/09]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): DEIS (Delivering Equality of Opportunity in Schools), is my Department’s action plan for educational inclusion, and provides for a standardised system for identifying levels of disadvantage and an integrated School Support Programme (SSP). The process of identifying schools for participation in DEIS, was managed by the Educational Research Centre (ERC) on behalf of my Department and supported by quality assurance work co-ordinated through the Depart- ment’s regional offices and the Inspectorate. Some 881 schools have been included under the DEIS action plan. These comprise 679 primary schools and 202 second-level schools. DEIS schools account for approximately 22% of schools in the State. The ERC’s overall approach was guided by the definition of educational disadvantage set out in the Education Act (1998), as: “. . . the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from education in schools”. In the primary sector, the identification process was based on a survey carried out by the ERC in May 2005, from which a response rate of more than 97% was achieved. The analysis of the survey returns from primary schools by the ERC identified the socio-economic variables that collectively best predict achievement, and these variables were then used to identify schools for participation in the School Support Programme. The variables involved were:

• unemployment;

• local authority accommodation;

• lone parenthood;

394 Questions— 19 November 2009. Written Answers

• Travellers;

• large families (5 or more children);

• pupils eligible for free books.

In the case of second-level schools, the Department supplied the ERC with centrally-held data from the Post-Primary Pupils and State Examinations Commission databases. Based on an analysis of these data, the variables used to determine eligibility for inclusion in the School Support Programme were as follows:

— Medical card data for Junior Certificate candidates (including Junior Certificate School Programme candidates) 2002, 2003, 2004

— Junior Certificate retention rates by school for the 1995, 1996 and 1997 school entry cohorts

— Junior Certificate exam results aggregated to school level (expressed as an OPS

—“Overall Performance Scale”—score). This was based on each student’s performance in the seven subjects in which s/he performed best aggregated to school level for the 2002 and 2003 examination cohorts

— Leaving Certificate retention rates by school for the 1995, 1996 and 1997 school entry cohorts.

The identification process was in line with international best practice and had regard to and employed the existing and most appropriate data sources available. A review mechanism was put in place in 2006 to address the concerns of schools that did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the programme. The review process operated under the direction of an independent person, charged with ensuring that all relevant identification procedures were properly followed in the case of schools applying for a review. During the course of the review the Department again looked at the case of schools which had expressed concerns that their exclusion from DEIS was as a consequence of their relatively successful educational outcomes. Post primary schools which had been included in pre-existing schemes but which were not included in DEIS were re examined and as a result of this the Department has satisfied itself that in all cases the failure of the schools to be included in DEIS were on socioeconomic grounds and that the schools’ performance played no part in their exclusion. Nonetheless, I accept that there is a perception shared by a number of Post Primary schools that successful outcomes influenced their exclusion from DEIS and I can assure the Deputy that following the next review of DEIS, schools which successfully use supports to achieve better outcomes for their pupils will continue to be included in DEIS provided the levels of disadvantage of their pupil cohorts continue to justify such supports. It is recognised that the majority of schools in Ireland may include among their pupils children with disadvantaged backgrounds. In general most schools are equipped to support the individual needs of children with disadvantaged backgrounds without recourse to supplementary targeted resources. However, evidence has shown that when disadvantage levels are found in significant concentrations that schools will require additional supports to supplement their efforts to address the educational needs of all their pupils.

395 Questions— 19 November 2009. Written Answers

[Deputy Seán Haughey.]

The main focus of the Social Inclusion measures in my Department will be to retain resources in DEIS schools. There is a need to focus targeted resources on the schools in most need and this approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that my Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities.

Schools Building Projects. 171. Deputy Seán Connick asked the Minister for Education and Science when an application was received by his Department from a school (details supplied) in County Wexford to build a new school; the stage of this application; when a final decision will be made; and if he will make a statement on the matter. [42354/09]

Minister for Education and Science (Deputy Batt O’Keeffe): A major capital project at the school to which the Deputy refers is currently at an early stage of architectural planning. The application was received in March 2000 and has been assigned a priority band rating of 2.1. The Deputy will be aware that I met with a deputation from the school in May of this year. The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under the Department’s capital budget. The proposed building project will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

Higher Education Grants. 172. Deputy Thomas Byrne asked the Minister for Education and Science the reason for refusal of an application for a third level maintenance grant by a person (details supplied) in County Meath; and if this person is entitled to appeal the decision. [42363/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in her/his case, an appeal form outlining the position may be submitted by the applicant to my Department. No appeal has been received by my Department to date from the candidate referred to by the Deputy.

Schools Building Projects. 173. Deputy Pat Breen asked the Minister for Education and Science if he will review the status of a project (details supplied) in County Clare; and if he will make a statement on the matter. [42369/09]

396 Questions— 19 November 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, the school to which he refers has made an application to my Department for Major Capital funding for an extension including ancillary accommodation. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a Band 2 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of the Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. In the meantime, the school was recently approved for funding for the provision of additional accommodation for one Mainstream Classroom. The Department has recently received correspondence from the school regarding the project and will be in contact with the school authorities shortly in this regard.

Computerisation Programme. 174. Deputy Paul Kehoe asked the Minister for Education and Science if an application has been made by a school (details supplied) for additional information and communications technology equipment; if the application has been successful; when a decision will be made; and if he will make a statement on the matter. [42370/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that on Monday 16 November 2009 I announced grants for Information and Communications Technology equipment for schools. As a first step, \22 million in grants will issue to primary schools before the end of this year, and schools will be asked to give priority to ensuring that there is a teaching computer and digital projector in every classroom. The school in question here will receive funding under this grants package.

Vocational Education Committees. 175. Deputy Niall Collins asked the Minister for Education and Science if he will define a voluntary organisation and a community organisation; the criteria used in deciding this in relation to section 7 of the Vocational Education (Amendment) Act 2001 which has been given effect by the composition of vocational education committee regulations 2004; and if he will make a statement on the matter. [42406/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the Vocational Education (Amendment) Act 2001 does not define either a voluntary organisation or a community organisation. It is a matter for each council to decide which persons are representative of such bodies, as set out in paragraph 26.1 of my Department’s Circular Letter 58/2009 — Arrangements for the Appointment and Election of VEC Members. A copy of the circular letter was provided to each County and City Manager on 7 October 2009. A copy is attached for the Deputy’s information.

397 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.]

CGO — Airgeadas agus Pearsanra Riaracháin VEC Financial and Administrative Personnel An Roinn Oideachais agus Eolaíochta Department of Education and Science Cor na Madadh Cornamaddy Baile Átha Luain Athlone Co. na hIarmhí Co. Westmeath

Chief Executive Officer

of the Vocational Education Committee

named in the address.

30 September 2009

Circular Letter No. 0058/2009

Arrangements for the Appointment and Election of VEC Members

Dear Chief Executive Officer,

The purpose of this Circular Letter is to provide an outline of the arrangements provided for in the SI 924 Composition of Vocational Education Committee Regulations 2004 and to provide clarification in relation to certain issues of general application. The Circular Letter will be made available on the Department’s website (www.education.ie).

This document should be read in conjunction with SI 924, which provides a breakdown in detail of all aspects of the election process.

1. Election of Members representing Eligible Parents and Eligible staff to VECs 1.1 The 2001 Act provides for the appointment of members to a VEC as a result of election by the relevant Local Authorities, parents of students, who are under 18 years of age and VEC staff.

1.2 In addition, the 2001 Act provides for the appointment of 4 members by the Local Authorities, following a process of consultation with relevant interests, as outlined in paragraph 26 of this circular.

1.3 The 2001 Act also provides that both sexes shall be represented on a VEC in such proportions as are specified in the Regulations and also provides for the establishment of separate male and female panels of candidates.

2. Returning Officer 2.1 For purposes of conducting elections in accordance with Section 7 of the Act, the Minister will appoint a Returning Officer in each VEC. Returning Officers may appoint one or more persons to act as Deputy Returning Officers and may delegate to any such Deputy any of the functions of the Returning Officer that may be specified in the appointment. The Returning Officer may revoke such an appointment, at any time. 398 Questions— 19 November 2009. Written Answers

2.2 The Returning Officer for purposes of elections in each VEC will be the Chief Execu- tive Officer for that VEC.

2.3 The expenses of the Returning Officer will be a matter for the VEC. Such reasonable expenses will be taken into account by the Department for purposes of the VEC’s modified scheme.

2.4 Pursuant to Section 7 of the 2001 Act, a Returning Officer is responsible for the conduct of the elections and his or her decisions on all matters arising are final.

3. Electoral Process Calendar 3.1 A calendar of dates for purposes of the conduct of elections is, at Appendix 1 to this Circular Letter.

4. Members elected by Parents 4.1 Two (2) VEC members, male and female, shall be elected by parents of any student who has not reached the age of 18 years on 30th September 2009, and who is registered as a student at recognised schools or centres for education (see 6 below) established or maintained by the VEC, shall be entitled to vote and seek election.

4.2 A parent is as defined in Section 2 of the Education Act 1998 i.e. “parent” includes a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter.

4.3 A student is as defined in Section 2 of the Education Act 1998 i.e. “student” in relation to a school, means a person enrolled at the school and in relation to a centre for education means a person registered as a student in that centre.

4.4 A nominee, who need not be a parent, may be placed on a panel of candidates provided their nomination paper has been signed by not less than 5 parents of students registered in accordance with paragraph 4.1 above.

4.5 In accordance with the 2001 VE Act, separate male and female panels of candidates shall be established.

5. Members elected by VEC Staff 5.1 Pursuant to Section 7 of the 2001 Act, two (2) VEC members, one (1) male and one (1) female, shall be elected by eligible VEC staff members. An “eligible staff member” is a person who, on the 30th September 2009, is employed as a member of staff by the VEC and whose remuneration in respect of that employment is paid by the VEC.

5.2 For clarification purposes, an eligible staff member applies to:

(a) Staff who are on a contract of service on 30th September 2009. Such categories of staff would include permanent, wholetime and pro-rata part time staff.

399 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.]

(b) Staff who do not have a contract of service on 30th September 2009, but who gave service on that date and for which service remuneration is payable. Such categories of staff would include hourly paid part-time staff.

5.3 A nominee, who need not be a staff member, may be placed on a panel of candidates provided their nomination paper has been signed by not less than 5 staff members registered in accordance with paragraph 5.1 above.

5.4 In accordance with the Act, separate male and female panels of candidates shall be established.

6. Recognised schools and Centres for Education Recognised schools and designated Centres for Education established or maintained by the VEC are as defined in Section 2 of the Education Act, 1998.

In that regard, The Minister for Education and Science, in exercise of the power con- ferred on him under section 10(4) of the Education Act 1998 (No. 51 of 1998), has designated the places specified in appendix 2 to this Circular Letter to be Centres for Education for the purposes of the election of staff and parent representatives to the VECs.

7. Electoral Rolls 7.1 Provisional electoral constituency rolls comprising of eligible staff member electors and eligible parent member electors, with addresses, shall be prepared for purposes of the staff members and parent member elections.

7.2 Each eligible elector (parent and staff) should be assigned a number when entered on the appropriate roll.

7.3 The provisional electoral rolls should be made available in VEC Schools and Centres for Education, as the Returning Officer considers appropriate, by Friday 9th October 2009 (Schedule 1 of SI 924 refers).

7.4 In addition, a notice should be displayed in each VEC school and centre for education, as the Returning Officer considers appropriate, to the effect that any eligible staff member and any eligible parent member who wishes to take part in the forthcoming election and whose name is not included on the provisional electoral roll, should apply in writing to the returning officer to have his or her name entered on the electoral roll. Amendments to the rolls should be made in the prescribed forms (Schedule 1 of SI 924 refers) up to 12 noon on Wednesday 14th October 2009.

7.5 Final registers of parent and staff electors to be made available by the Returning Officer on Thursday 15th October 2009.

7.6 An elector may vote only in respect of the candidates nominated in the constituency in which the elector is entered on the Electoral Roll.

400 Questions— 19 November 2009. Written Answers

8. Publication of Notice of Elections Notice of the elections should be posted in each VEC school and Centre for Education, as the Returning Officer considers appropriate. This notice should make available to electors details of the electoral process (see Appendices 1 and 3 to this Circular Letter).

9. Notice to Eligible Parents and Eligible Staff Letters should also be made available to eligible parents and eligible staff, see draft outlined at Appendix 4 to this Circular Letter.

10. General provisions regarding agents. 10.1 Each nominee for the election may appoint one or more agents and the name of a person so appointed shall be notified to the Returning Officer in writing by the nominee not less than 5 days before the th October 2009, on which the ruling on the validity of nomination papers shall take place i.e. 15th October 2009.

10.2 An agent whose appointment is notified in writing to a Returning Officer under paragraph (1) may be present on behalf of the nominee at the ruling on nominations, the sealing of the ballot box or ballot boxes and the counting of votes for the election.

10.3 An agent shall, if so required, produce the written consent of the nominee to his or her appointment as their agent for inspection by the Returning Officer or by any person authorised to act on behalf of a Returning Officer.

11. Nomination of Candidates The following eligibility criteria apply:

11.1 A person shall not be nominated as a candidate for election or have his or her nomination withdrawn, without his or her written consent.

11.2 Each candidate must be nominated by means of a separate nomination form (schedules 2 and 3 of SI 924 refer).

11.3 Each candidate’s nomination paper must be signed by not less than 5 eligible electors, whose names are entered on the electoral roll for the constituency for which the candidate is nominated and who have not signed the nomination paper of another nominee.

11.4 The nomination form for each of the parent and staff elections must be completed by the nominee and nominators in the presence of the Returning Officer. The nominee and nominators must produce suitable identification i.e. driving licence etc. The period determined for receipt of nomination papers is, as follows:

Monday 19th October 2009: 2pm to 9pm.

Tuesday 20th October 2009: 10am to 12 noon.

11.5 Candidates may withdraw nominations, in writing, before 12 noon, Friday 23rd October 2009.

401 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.]

11.6 A nominee shall not be entitled to have his or her name entered on a ballot paper for more than one VEC.

11.7 Each completed nomination form for the Parent and staff elections should be recorded by date and time and assigned a unique number, as appropriate, when submitted. This number will determine the order of receipt of nominations.

12. Ruling on validity of each nomination paper 12.1 The Returning Officer will rule on the validity of each nomination paper in the following period:

Tuesday, 20th October 2009: 2pm to 4pm.

12.2 A nominee and the nominee’s agent, if any, shall be entitled to be present at the ruling on the validity of nominations and no other person shall be entitled to attend except with the permission of the Returning Officer.

12.3 Each nomination paper ruled on as valid shall be endorsed sequentially with a unique number by the returning officer and this number shall determine the order of receipt of valid nominations.

12.4 Nominations may be deemed invalid where the Returning Officer determines that the nomination form has not been filled properly in accordance with the rules and procedures e.g. where a nomination has been signed by less than 5 electors.

12.5 A nominee may before 12 noon, Friday 23rd October 2009 withdraw his or her nomination, by giving to the returning officer a written notice of withdrawal, signed by the nominee.

12.6 Final listing of candidates will be made available on the 26th October 2009.

12.7 The ruling of the Returning Officer to be final in all cases.

13. Publication of Nominations 13.1 A listing of candidates should as soon as practicable after ruling on the validity of nomination papers and not later than 26th October 2009, be brought to the attention of electors in each VEC school and centre for education and by other means as the Returning Officer considers appropriate, including school and VEC websites.

13.2 The notice should be made available for each electoral constituency and should contain the name and address of each candidate validly nominated, and the names of the electors who nominated each candidate for the constituency for which the candidate is nominated.

402 Questions— 19 November 2009. Written Answers

14. Election of Members 14.1 Where in any VEC the number of duly nominated candidates exceeds the number of members to be elected for each constituency and panel, a poll shall be taken by the returning officer.

15. Date of Poll 15.1 In the event of a poll, the poll shall be undertaken between 9am and 9pm on 6th November 2009.

16. Polling Stations 16.1 Polling stations will be located in VEC schools

16.2 Where a school polling station is not within reasonable distance, a polling station may be located in a centre for education, where there are student enrolments of at least 50 students, who have not reached the age of 18 years on 30th September 2009.

17. Polling Cards 17.1 The Returning Officer shall as soon as practicable after the final date for confirmation of nominations in respect of each poll, but not later than 26th October 2009, send by post to every elector at his or her address, or as the returning officer considers appropriate, a polling card to include details such as the polling date, the elector’s polling centre and polling number.

17.2. The Returning Officer shall prepare a statement in respect of each constituency electoral poll showing the total number of polling cards sent to electors under paragraph (1) in respect of each electoral constituency.

18. Ballot Papers 18.1 The returning officer shall prepare ballot papers for each constituency of electors in which a poll is to be taken (schedule 4 of SI 924 refers) setting out the names of the candidates alphabetically in the order of their surnames.

19.The official mark. 19.1. Every ballot paper shall be marked with an official mark which shall be either embossed or perforated so as to be visible on both sides of the paper.

19.2 The Returning Officer shall ensure that the official mark is kept secret prior to the issue of the ballot papers.

20. Ballot box. 20.1 The Returning Officer shall provide a ballot box or ballot boxes for the reception of the ballot papers returned by the electors.

20.2 Electors must produce suitable identification i.e. driving licence etc

20.3 Every ballot box referred to in paragraph (1) shall be sealed by the Returning Officer at the time fixed for the opening of the poll.

403 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.]

20.4 The returning officer shall after 9pm on polling day seal the ballot box or ballot boxes so that no further papers can be inserted and shall make provision for the safe custody of the box or boxes.

21. Time and place for counting of votes 21.1 The counting of votes shall commence at 9am on Saturday, 7th November 2009.

21.2 Each Returning Officer shall take due precautions for the security of the ballot papers and other documents relating to the polls in any intervening period.

21.3 The Returning Officer shall appoint a place at which the votes will be counted and shall give each candidate notice of the time and place at which he or she will proceed to open the ballot boxes.

21.4 For administrative reasons, it is advised that where possible the Centre used for purposes of the Local Authority election count should be utilised.

22. Attendance at the opening of the ballot box or ballot boxes and the counting of votes. 22.1 At the opening of the ballot box or ballot boxes and the counting of votes, no person other than candidates, the Returning Officer,the Returning Officer’s assistants and the candidates’ nominated agents may be present, except with the permission of the Returning Officer.

22.2 The Returning Officer shall give those presentall such reasonable facilities for observing the proceedings at the opening of the ballot box or ballot boxes and the counting of votes and all information in that respect consistent with the orderly conduct of the proceedings and the performance of the Returning Officer’s duties and functions.

23. Conduct of the counting of votes 23.1 A Returning Officer shall for each poll cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be determined by the Returning Officer as invalid and shall, in accordance with directions, ascertain and record the number of votes given to each candidate.

23.2 In counting the votes for each poll the Returning Officer shall credit the candidates at the election with votes in accordance with directions.

23.3 Candidates or their agents shall not handle ballot papers during the counting of votes.

23.4 Schedule 5 to SI 924 sets out in detail the rules relating to the counting of votes.

24. Return of persons elected. 24.1 The Returning Officer shall, as soon as practicable, give to every candidate elected written notice of his or her election and shall furnish the relevant local authority, as

404 Questions— 19 November 2009. Written Answers

appropriate, and the Vocational Education Committee with a list of the candidates certified by the returning officer to have been duly elected for each electoral constituency and panel.

25. Powers of Returning Officer. 25.1 Any question arising with regard to the eligibility of an elector or candidate, the validity of a nomination or ballot paper, or otherwise in connection with the election, shall be determined by the returning officer.

25.2 All voting papers received by the returning officer shall be retained by him or her for not less than12 months after the completion of the election.

26. Election of 4 members by Local Authority Members 26.1 The 2001 Act provides for the appointment by the local authority of 4 members, 2 male and 2 female, after consultation with the persons elected by the local authorities, parents and members of staff of the committee from among persons nominated by such bodies as, in the opinion of the council concerned, are representative of:

(i) Students;

(ii) Trustees of community colleges maintained by the VEC;

(iii) Members of staff of the VEC other than members of staff belonging to the same class of member of staff as either of the staff elected;

(iv) Voluntary organisations, community organisations, Irish language interests or

(v) Persons carrying on in places within the VEC area concerned, trades, pro- fessions or commercial or industrial activities.

26.2 The appointment of members to the VEC pursuant to paragraph 26.1 shall take place following the holding of a meeting of the relevant local authority convened by that local authority with the persons elected to the VEC by the local authority, parents and staff, and notified in writing to all persons entitled to attend.

26.3 A notification under paragraph 26.2 shall be issued at least 7 days in advance of the holding of such meeting and will contain the names of those persons nominated for appointment and the names of the bodies who nominated them.

27. Election of Members by Local Authority 27.1 Pursuant to Section 7 of the 2001 Act, the gender balance of the members elected to VECs by local authorities will reflect the gender balance of the aggregate membership of the combined local authorities concerned.

28. Circulation 28.1 This Circular Letter should be circulated in the normal way.

405 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.]

29. Queries 29.1 Any queries regarding the implementation of this Circular Letter should be addressed to the undersigned or Áine Cusack. (Tel: 090 6484232, Aine—[email protected]).

Matthew Ryan

Principal Officer.

September 2009

Appendix 1

Calendar of dates — Election of Staff representatives to VECs

Date

Saturday, 7th November Counting of votes (9am-) Friday 6th November Casting of votes (9am to 9pm) Monday 26th October List of candidates available Friday 23rd October Candidates may withdraw up to 12 noon Tuesday 20th October: 2pm to 4pm Ruling on Nominations Monday 19th October: 2pm to 9 pm. Tuesday 20th Receipt of Nominations October: 10am to 12 noon Thursday 15th October Final register of electors available Wednesday 14th October Amendments to register of electors to be submitted by 12 noon. Friday 9th October Draft register of electors available Wednesday 30th September Staff employed by VEC on this date entitled to vote in election.

Calendar of dates — Election of Parent representatives to VECs

Date

Saturday, 7th November Counting of votes (9am- ) Friday 6th November Casting of votes (9am to 9pm) Monday 26th October List of candidates available Friday 23rd October Candidates may withdraw up to 12 noon Tuesday 20th October: 2pm to 4pm Ruling on Nominations Monday 19th October: 10am to 9 pm. Tuesday 20th Receipt of Nominations October: 10am to 12 noon Thursday 15th October Final register of electors available Wednesday 14th October Amendments to register of electors to be submitted by 12 noon. Friday 9th October Draft register of electors available Wednesday 30th September Parents (as defined in Education Act, 1998) of students who on this date have not reached 18 years and are registered at recognised schools or centres for education established and maintained by the VEC, are entitled to vote in election

406 Questions— 19 November 2009. Written Answers

Appendix 2

Listing of Centres for Education, established and maintained by the VEC 2009

St.Catherine’s Training Centre, St. Joseph’s Training Centre, Kernanstown Industrial Estate, Gort Road Industrial Estate, Co. Carlow. Ennis, Co. Clare.

St. Finbarr’s Training Centre, Our Lady’s Traveller Training & Education Centre Archville Industrial Estate, (STTC), Brocklesby Street, IDA Industrial Estate, Blackpool, Lower Quartertown, Co. Cork. Mallow, Co Cork

Centre for Education, St Fiachra’s Training Centre, Kilmacrennan Road, Letterkenny, Co. Donegal.

St. Joseph’s Training Centre, Cara Park Training Centre, Barry Road, Belcamp Lane, Finglas, Dublin 11. Coolock, Dublin 17.

St. Oliver’s Training Centre, St. Basil’s Training Centre, Cloverhill Road, Greenhill’s Road, Clondalkin, Tallaght, Dublin 22. Dublin 24.

Sandy Road Training Centre, Madonna House Training Centre, Sandy Road, Ballinasloe College of Further Education, Galway. Sarsfield Road, Ballinasloe, Co. Galway.

Ballygar Adult Training Centre, St. Brendan’s Training Centre, Town Hall, Abbey Street, Ballygar, Loughrea, Co. Galway. Co. Galway.

St. Benin’s Training Centre, St. Anne’s Senior Education Centre, Weir Road, Unit 3, Tuam, IDA Industrial Estate, Co. Galway. Ballyspillane, Killarney, Co. Kerry.

North Kerry Programme, St. Canice’s Training Centre, An Tochar Adult Education Centre, Kea-Lew Business Park, Causeway, Portlaoise, Co. Kerry. Co. Laois.

St. Joseph’s Training Centre, Fealeside Training Centre, Dublin Road, Mountmahon Industrial Estate, Carrick-on-Shannon, Abbeyfeale, Co. Leitrim. Co. Limerick.

Riverside Training Centre, St. Mel’s Training Centre, Industrial Estate, Battery Road, Rathkeale, Co. Longford. Co. Limerick.

407 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.] Listing of Centres for Education, established and maintained by the VEC 2009

Tara Education Centre, St. Catherine’s Training Centre, Continuing Education Centre, Convent of Mercy, Chapel Street, Ballina, Dundalk, Co. Mayo. Co. Louth.

St Catherine’s Training Centre, St Catherine’s Training Centre, Parish Centre, 30 Tooraree, Ballinrobe, Ballyhaunis, Co Mayo. Co Mayo.

St Catherine’s Training Centre, Navan Travellers Training Centre, Kilboyne, Adult Education Centre, Ballinrobe Road, Abbey Road, Castlebar, Navan, Co Mayo. Co Meath

Tullamore Traveller Education Centre, Roscommon Education and Development Centre, O’Carroll Street, Lisnamult, Tullamore, Co Roscommon. Co Offaly

Senior Traveller Training Centre, C/O Youthreach, Old Dublin Road, Roscrea, Co Tipperary.

St Anthony’s Traveller Training Centre, Shannon Bank Training Centre, Northgate St., Unit 1, Athlone, Deepark Commercial Centre, Co Westmeath. Clonown Road, Athlone, Co. Westmeath.

Mullingar Senior Training & Education Centre, Ross Youth Training Centre, O’Growney Drive, Education and Training Centre, Mullingar, Butlersland Industrial Estate, Co. Westmeath. Butlersland, New Ross, Co. Wexford.

St. Kieran’s Senior Traveller Education Centre, Senior Traveller Training Centre, Old Connaught Avenue, The Murrough Education Centre, Bray, Wicklow Town, Co. Wicklow. Co Wicklow.

Youthreach Centre, Youthreach Centre, Tullow Road, Community Centre, Carlow Lower Main Street, Kingscourt, Cavan.

Youthreach Centre, Youthreach Centre, Market Street, Moynehall, Cootehill, Ballinagh Road, Cavan. Cavan.

408 Questions— 19 November 2009. Written Answers

Listing of Centres for Education, established and maintained by the VEC 2009

Youthreach Centre, Youthreach Centre, Unit D.6, West Clare Resource Centre, Smithstown Industrial Estate, Ballard Road, Shannon, Miltown Malbay, Co. Clare. Co. Clare.

Youthreach Adult Learning Centre, Youthreach, Cooraclare Road, Ballyminogue, Kilrush, Scariff, Co. Clare. Co. Clare.

Youthreach, Youthreach Adult Education Centre, Teach Barra, Clonroad Business Park, Dean Street, Clonroad, Cork City. Ennis, Co Clare.

Youthreach, Youthreach, c/o The Glen Resource Centre, C/o Terence McSweeney C.C., The Glen, Harbour View Road, Cork City. Knocknaheeny, Cork City.

Youthreach, Youthreach Centre, St. Francis Training Centre, Ringmahon House, 16 Fr. Matthew Street, Mahon, Cork City. Cork City.

Youthreach, Ballyellis, Mallow, Co. Cork.

Youthreach, Youthreach, Youthreach Centre, Unit 4-5, College Road, Great Island Business Park, Fermoy, Inishmore, Co. Cork. Ballincollig, Co. Cork

East Cork Further Ed &Youthreach, Youthreach, Colaiste Eoin, YMCA STEPS Programme, Golf Links Road, Unit 32b, Youghal, Level 3, Co.Cork. Ballincollig Shopping Centre, Ballincollig, Co. Cork.

Bandon Youthreach, Bantry Youthreach, Station Road, Lahadane, Bandon, Bantry, Co. Cork. Co. Cork.

Macroom Youthreach, Youthreach, Mill Street Road, Adult Education & Training Centre, Macroom, Gort a Choirce, Co. Cork. Letterkenny, Co. Donegal.

409 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.] Listing of Centres for Education, established and maintained by the VEC 2009

Youthreach, Youthreach Adult Education & Training Centre, St Fiahra’s Training Centre, College St., Kilmacrennan Road, Ballyshannon, Letterkenny, Co. Donegal. Co. Donegal.

Youthreach, Youthreach, Adult Education & Training Centre, VEC Youthreach Centre, Shore Road, The Diamond, Buncrana, Lifford, Co. Donegal. Co. Donegal.

Bonnybrook Youthreach, Pleasant Street Youthreach, Bunratty Drive, CDVEC Training Centre, Coolock, 16 Pleasants Street, Dublin 17. Dublin 8.

North Great George’s St Youthreach, Crumlin Youthreach, 20 North Great Georges Street, Armagh Road, Dublin 1. Crumlin, Dublin 12.

Sherrard St. Youthreach, Cabra Youthreach, 7 Upper Sherrard Street, Ratoath Road, Dublin 1. Dublin 7.

Youthreach, Youthreach, Brace Centre, North Street, Main Street, Swords, Blanchardstown, Co. Dublin. Dublin 15.

Youthreach, Youthreach, 142 Harmonstown Road, 49 Rossmore Avenue, Artane, Ballyfermot, Dublin 5. Dublin 10.

Youthreach Transition Centre, Ballymun Youthreach, 10-10a Parnell Square, Shangan Road, Dublin 1. Dublin 9.

Youthreach Centre, Youthreach, Old Vocational School Youth Support & Training Unit, Monastery Road, Unit 5, Clondalkin, Oakfield Industrial Estate, Dublin 22. Clondalkin, Dublin 22.

Youthreach, Youthreach Centre, Sacred Heart National School, The Bridge Project, Killinarden, 125 Parnell Street, Tallaght, Dublin 1. Dublin 24.

Youthreach Youthreach, Convent Lane, Pathways Project, Rush, City of Dublin VEC, Co. Dublin. 1a Parnell Street, Dublin 1.

410 Questions— 19 November 2009. Written Answers

Listing of Centres for Education, established and maintained by the VEC 2009

Youthreach, Youthreach, Mountain View House, c/o L.I.F.E Centre, Meadow Park Avenue, Esker Hill, Rathfarnham, Lucan, Dublin 16. Co. Dublin.

Youthreach, Youthreach, St Joseph’s, Main Street, Pearse Road, Balbriggan, Sallynoggin, Co Dublin. Co Dublin.

Youthreach, Youthreach, Unit 22A, c/o Connemara West, First Floor, Letterfrack Education Centre, Liosban Business Park, Letterfrack, Tuam Road, Co. Galway. Galway.

Youthreach Centre, Teagmháil na nÓg (Youthreach), Cullen’s Yard, Tir an Fhia, Main Street, Leitir Móir, Ballinasloe, Conamara, Co. Galway. Co.na Gaillimhe.

Youthreach Centre, Youthreach, Abbey Street, Erin House, Portumna, Airglooney, Co Galway. Ballygaddy Road, Tuam, Co. Galway.

Tralee Youthreach, Tralee Youthreach, Leaving Centre Applied, Transforum Alley, KDYS, KDYS Centre, Denny Street, Denny Street, Tralee, Tralee, Co. Kerry. Co. Kerry.

Listowel Youthreach, Killarney Youthreach, The Point, KDYS Youth Centre, KDYS Youth Centre, Fair Hill, Upper Church Street, Killarney, Listowel, Co. Kerry. Co. Kerry.

Kerry Education Centre, Youthreach Centre, The Lodge, Mill Lane, Killorglin Adult Learning Centre, Leixlip, Market Street, Co. Kildare. Killorglin, Co. Kerry.

Youthreach, Youthreach Centre, Old Model School, Jigginstown, 2 Model Court, Naas, Athy, Co Kildare. Co. Kildare.

Youthreach Centre, Desart Hall, New Street, Co. Kilkenny.

411 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.] Listing of Centres for Education, established and maintained by the VEC 2009

Laois Youthreach, Youthreach Centre, The Old Vocational School, Limerick Adult Education Centre, Harbour Street, M.T.I. Mountmellick, O’Connell Avenue, Co. Laois. Limerick.

Youthreach Centre, Northside Youthreach Centre, LYS, Unit 12, Glentworth Street, Watch House Cross, Limerick. Moyross, Limerick.

Youthreach, Youthreach Resource Centre, Shanagolden Education Resource Centre, Main Street, Shanagolden, Hospital, Co.Limerick. Co. Limerick.

Youthreach Centre, Youthreach Centre, Upper Main Street, Main Street, Ballymahon, Granard, Co. Longford. Co. Longford.

Youthreach Centre, Continuing Education Centre, Chapel Street, Dundalk, Co. Louth.

Youthreach Centre, Youthreach Centre, King Street, Old Vocational School, Drogheda, Neale Road, Co. Louth. Ballinrobe, Co. Mayo.

Youthreach, Youthreach Centre, Further Education Centre, Colaiste Raifteiri, Cathederal Road, Kiltimagh, Ballina, Co. Mayo. Co.Mayo.

Youthreach Foundation Centre, Youthreach, Co. Meath VEC, Progression Centre, Abbey Road, Hi — Way Café, Navan, Brews Hill, Co. Meath. Navan, Co. Meath.

Youthreach, Ashbourne Youthreach, Progression Centre, Unit 140, 29 Trimgate Street, Ashbourne Industrial Estate, Navan, Ashbourne, Co. Meath. Co. Meath.

Kells Youthreach, Trim Youthreach, Scouts Hall, Old Vocational School, O’Growney Terrance, New Haggard Road, Kells, Trim, Co. Meath. Co Meath.

412 Questions— 19 November 2009. Written Answers

Listing of Centres for Education, established and maintained by the VEC 2009

Laytown/Bettystown Youthreach, Dunmara, The Square, Bettystown, Co Meath.

Youthreach, Youthreach, VEC Training Centre, Mahon Training Centre, IDA Industrial Estate, Moraghy, Knocknacorry, Castleblaney, Co. Monaghan. Co. Monaghan.

Youthreach, Youthreach, Holy Family Hall, C/o Outdoor Education Centre, Carrickmacross, Roscrea Road, Co Monaghan Birr, Co Offaly

Youthreach Centre, Youthreach Centre, St. Mary’s Road, Church Street, Edenderry, Clara, Co. Offaly. Co. Offaly.

Youthreach Centre, Roscommon Youthreach Centre, Old Vocational School, Racecourse Road, Ballaghaderreen, Roscommon. Co. Roscommon.

Youthreach Centre, Unit 10, Cleveragh Centre, Sligo.

Youthreach Centre, Youthreach Progression Project, Roscrea Education Centre, Ceim Eile, Old Dublin Road, St. Sheelan’s College, Roscrea, Templemore, Co. Tipperary. Co.Tipperary.

Youthreach Centre, Youthreach Centre, Adult & Education Centre, 66 O’Connell Street, Cappawhite, Waterford City, Co. Tipperary. Co. Waterford.

Youthreach — Subla, Youthreach Centre Unit 42, Unit 2, Tycor Business Park, Seapoint Business Park, Waterford City. Riverstown, Tramore, Co Waterford

Youthreach Centre, Youthreach Centre, Ring Na Sillogue, The Courtyard, Dungarven, Main Street, Co. Waterford. Delvin, Co. Westmeath.

Youthreach Centre, Youthreach Centre, Keelogue Institute, Education and Training Centre, Barntown, 8 Castle Street, Co. Wexford. Enniscorthy, Co. Wexford.

413 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.] Listing of Centres for Education, established and maintained by the VEC 2009

Youthreach Centre, Youthreach Centre, Education and Training Centre, Sunbeam House, Butlersland Industrial Estate, Vevay Road, Butlersland, Bray, New Ross, Co. Wicklow. Co. Wexford.

Youthreach Centre, Youthreach Centre, 1 A Wexford Road, Further Education Centre, Arklow, Enterprise Centre, Co. Wicklow. The Murrough, Wicklow Town, Co. Wicklow.

West Wicklow Youthreach, Further Education Centre, Baltinglass Road, Blessington, Co Wicklow

Appendix 3

In addition to the notice of election, the returning officer may take whatever steps he or she considers necessary to make the following information available to electors:

(a) the eligibility requirements for candidates;

(b) the electoral constituencies;

(d) the place at which nomination papers may be obtained and delivered;

(e) the period during which the returning officer will attend to receive and rule on the validity of nomination papers,

In the event that the number of candidates is greater than the number of members to be elected to the VEC

(f) give notice of the taking of the poll, the date thereof, the place and times for the counting of votes and any other particulars that he or she considers appropriate, and

(g) cause to be published a notice to this effect in schools and centres of education maintained by the vocational education committee, and any other place that the returning officer considers appropriate, including school and VEC websites.

(h) any other information which a returning officer may deem necessary for the conduct of the election.

414 Questions— 19 November 2009. Written Answers

Appendix 4

Letter to Parents: Guideline only: subject to amendment by local VEC management where applicable.

September, 2009.

To: All the Parents and Guardians of Students in VEC schools and Centres for Education, who are under the age of 18 years on 30th September 2009.

Dear Parent/Guardian, I wish to bring to your attention that the Vocational Education (Amendment) Act 2001 provides for arrangements for the composition of Vocational Education Committees to include representation for VEC staff, including teachers and for Parents, who on 30th September 2009 have students under the age of 18 years who are attending a VEC school, community college or VEC centre for education. As you are aware, parents have long argued for the principle of recognition to be extended to the VEC sector. The Act gives a statutory voice to parents and presents 2057an opportunity for parents and guardians to participate in the election of members to VECs.

For purposes of conducting the elections, the Minister has appointed the undersigned as Returning Officer. I am charged with the responsibility of ensuring the completion of a valid election process for the selection of parent’s representatives on the new vocational education committee for Co. —————————— from amongst the valid electors of the parent constituency. The new Committee will serve for the period 2009-2014.

Election of two Parent Representatives to Co. ———————— VEC The Vocational Education (Amendment) Act 2001 provides for the election to the vocational education committee of two (2) Members, one male and one female, elected by parents of students who on the 30th September 2009 have not reached the age of 18 years and who are registered as students at VEC recognised schools or centres for education.

Separate male and female panels of candidates will be established.

Eligible Parents A parent is as defined in Section 2 of the Education Act 1998 i.e. “parent” includes a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter.

All eligible parents are entitled to vote and to stand for election.

Electoral Roll A provisional electoral roll of eligible parents is being compiled and will be available for inspection from 11:00am Friday, 9th October 2009 until 12 noon on Wednesday, 14th October 2009 at (name of school/ Centre for Education). If your name is not on the provisional electoral roll and you believe you are eligible for inclusion you must apply to the Returning Officer at

415 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.] (name and address of VEC) on the prescribed application form which is available from the (name) school / centre. The closing date for the receipt of applications is 12 noon on Wednesday, 14th October 2009. The Returning Officer shall examine all such applications to establish the eligibility of the applicants and if found to be eligible the name of the parent will be included on the provisional electoral roll. The final register of parent electors will be available at each designated school from Thursday 15th October 2009.

Nomination of Candidates Should you wish to be nominated as a candidate you must complete the prescribed nomination form entitled “Nomination Paper for Election of Parents Representatives as Members to ———————— Vocational Education Committees” (copy may be obtained from your school/ centre of education. The nomination form must be signed by five (5) eligible parent electors whose names are entered on the parent electoral roll 2057for the constituency for which the candidate is nominated. Electors may only sign the nomination papers for one candidate.

The nomination form for each of the Parent and Staff elections must be completed by the nominee and the 5 nominators, in person, in the presence of the Returning Officer (or his/her nominated agent) at ——————————————— VEC during the following periods: Monday, 19th October 2009 2 pm to 9pm Tuesday 20th October 2009 10am to 12am.

You may be required to satisfy the returning officer or his / her elected agent of the identity of the nominators.

No nominations will be accepted after 12 noon, Tuesday 20th October 2009.

Each nominee and the nominees’ election agent, if any, will be entitled to attend by prior arrangement with the Returning Officer in the period from 2pm to 4pm, Tuesday 20th October 2009 while the validity of the nomination paper is being ruled on by the Returning Officer.

A candidate may withdraw his / her nomination up to 12 noon on Friday, 23rd October 2009 by giving to the returning officer, a written notice of withdrawal which must be signed by the candidate.

A full list of candidates will be displayed at the school / centre from Monday, 26th October 2009.

Where the number of duly nominated candidates exceeds the number of members to be elected for each constituency and panel, a poll shall be taken by the returning officer.

Date of Poll:

Polling Stations: Polling stations will be located in VEC schools

Polling Cards: Polling cards will be supplied to you by post, which will provide you with details such as polling dates and centres prior to the Polling Date.

416 Questions— 19 November 2009. Written Answers

Counting of Ballot Papers: The ballot paper count will take place on the 7th November 2009 (commencing at 9am). The candidate via the PR process receiving the most votes on the male and the female panel will be deemed elected to the VEC. Any Parent or Guardian is welcome to attend the count.

Any queries may be addressed to the VEC Office (Tel

Yours sincerely

School Staffing. 176. Deputy Joanna Tuffy asked the Minister for Education and Science on the number of primary teachers, in non fee paying primary schools at the end of September 2007, end of September 2008, and end of September 2009 in tabular form; and if he will make a statement on the matter. [42431/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The previously published public sector number for full-time teachers in primary schools was 29,720 in September, 2007 and 31,134 in September, 2008. The corresponding number for September, 2009 is 31,642 and is inclusive of part-time teachers in primary schools that have been put on the Department payroll with effect from 1 September, 2009.

School Enrolments. 177. Deputy Joanna Tuffy asked the Minister for Education and Science the numbers of children attending non fee paying primary schools at the end of September 2007, end of September 2008 and at the end of September 2009 in tabular form; and if he will make a statement on the matter. [42432/09]

Minister for Education and Science (Deputy Batt O’Keeffe): There were 486,444 pupils in national schools (including special schools) at the end of September 2007 and 498,914 at the end of September 2008. Enrolment numbers for the current school year are being compiled by my Department at present.

Higher Education Grants. 178. Deputy Ruairí Quinn asked the Minister for Education and Science if he will consider revising the rules governing the eligibility for higher education maintenance grants and third level registration fees for a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [42441/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the decision on eligibility for a higher education grant is a matter for the relevant local authority or VEC to determine it will be necessary for the candidate referred to by the Deputy to contact her assessing authority directly to have her eligibility assessed. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant Local Authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the

417 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.] body has not interpreted the schemes correctly in her/his case, an appeal form outlining the position may be submitted by the applicant to my Department. The Minister has no plans to depart from the principle of progression in determining eligibility under the schemes.

School Transport. 179. Deputy Michael Ring asked the Minister for Education and Science if he will review a decision not to allow a school transport service to drop a child (details supplied) in County Mayo at an after school facility. [42442/09]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): Bus Éireann, which operates the School Transport Scheme on behalf of my Department, is responsible for the establishment and timetabling of school transport services. I have already informed the Deputy that the specialised nature of transport services for children with special needs includes both a home pick up and drop off which are designed to provide a safe and comfort- able level of transport for children. Any change to these standard arrangements would have national implications. The Deputy will understand, therefore, that I do not propose to intervene in any individual cases.

Departmental Expenditure. 180. Deputy Seán Sherlock asked the Minister for Education and Science if the proposed \100 million school technology investment funding will be drawn from his Department’s capital funding; and if he will make a statement on the matter. [42467/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, I am making available \22 million in ICT grants for primary schools this year. I already had \9 million in my capital allocation for ICT. I am adding \13 million from the school building programme allocation this year to give a total allocation of \22 million. This \13 million represents about 2% of the overall allocation for school buildings this year. I have achieved significant savings on the schools capital programme this year, with tenders yielding a reduction of up to 30% compared to prices at the height of the construction boom. Last year I was not in a position to provide grants for ICT equipment as the \10 million capital allocation for ICT was put towards the cost of the primary school building programme. The total amount of funding to be made available for ICT equipment next year is being considered as part of the overall Capital allocation that is to be agreed by Government.

Schools Building Projects. 181. Deputy Ruairí Quinn asked the Minister for Education and Science if he will order that a school (details supplied) in County Dublin will be given priority for rebuilding; if his attention has been drawn to the fact that the school has waited several years for a new school building; if his further attention has been drawn to the fact that recently a burst pipe in the attic flooded one of the classrooms and as a result, children in one class can no longer attend school; and if he will make a statement on the matter. [42475/09]

Minister for Education and Science (Deputy Batt O’Keeffe): A major capital project at the school to which the Deputy refers is currently at an early stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding

418 Questions— 19 November 2009. Written Answers available under the Department’s capital budget. The proposed building project will be considered in the context of my Department’s Multi-Annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the delivery of the project at this time. With regard to the issue of flooding in one of the classrooms, an official from my Department has been in contact with the principal who confirmed that one classroom was damaged resulting in the children normally occupying this classroom being asked to remain off school for one day. The children returned to school the next day and are currently being accommodated elsewhere in the school. He confirmed that the damaged classroom would be available for use again in a matter of days. The principal was also advised that if works were necessary arising from this incident he should apply to my Department for emergency works funding.

Departmental Properties. 182. Deputy John McGuinness asked the Minister for Education and Science his plans regarding the use of a site (details supplied) in County Kilkenny; if he will allow the buildings or site to be used for community use; if so, the locations to which submissions should be sent; and if he will make a statement on the matter. [42493/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I wish to advise the Deputy that no decision has yet been made on the future use of the property in question. Any decision in the first instance will have to be taken in the context of considering its future educational use. Submissions should be made by any interested parties to the Site Acquisition and Property Management Section of my Department.

Schools Building Projects. 183. Deputy John Perry asked the Minister for Education and Science the status of a new national school project regarding a school (details supplied) in County Sligo; if he will give assurances that the necessary funding will be awarded for this project; if he will make contact with the board of management; and if he will make a statement on the matter. [42499/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for large scale capital funding for a new school project. The application has been assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 1 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. I met with a deputation from this school in November 2008 and discussed with them the status of their project. In February 2009, I announced 25 projects to proceed into architectural planning. Unfortunately, in light of the availability of funding and the urgency of need attaching to other projects, it was not possible to include this project in that announcement. The progression of all large scale projects, including this project, from initial design stage through to

419 Questions— 19 November 2009. Written Answers

[Deputy Batt O’Keeffe.] construction phase will be considered in the context of my Department’s Multi-Annual School Building and Modernisation Programme. However, in light of current competing demands on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

420